Why is it that at moments there creeps over us an awe, a terror, overpowering but undefined? Why is it that we shudder without a cause, and feel the warm life-blood stand still in its courses? Are the dead too near?
FALKLAND
Ha! sayest thou! Hideous thought, I feel it twine
O’er my iced heart, as curls around his prey
The sure and deadly serpent!
. . . . . . . . . . . .
What! in the hush and in the solitude
Passed that dread soul away?
Love and Hatred.
The evening prior to that morning in which the above conversation occurred, Brandon passed alone in his lodging at ————. He had felt himself too unwell to attend the customary wassail, and he sat indolently musing in the solitude of the old-fashioned chamber to which he was consigned. There, two wax-candles on the smooth, quaint table dimly struggled against the gloom of heavy panels, which were relieved at unfrequent intervals by portraits in oaken frames, dingy, harsh, and important with the pomp of laced garments and flowing wigs. The predilection of the landlady for modern tastes had, indeed, on each side of the huge fireplace suspended more novel masterpieces of the fine arts. In emblematic gorgeousness hung the pictures of the four Seasons, buxom wenches all, save Winter, who was deformedly bodied forth in the likeness of an aged carle. These were interspersed by an engraving of Lord Mauleverer, the lieutenant of the neighbouring county, looking extremely majestical in his peer’s robes; and by three typifications of Faith, Hope, and Charity — ladies with whom it may be doubted if the gay earl ever before cultivated so close an intimacy. Curtains, of that antique chintz in which fasces of stripes are alternated by rows of flowers, filled the interstices of three windows; a heavy sideboard occupied the greater portion of one side of the room; and on the opposite side, in the rear of Brandon, a vast screen stretched its slow length along, and relieved the unpopulated and as it were desolate comfort of the apartment.
Pale and imperfectly streamed the light upon Brandon’s face, as he sat in his large chair, leaning his cheek on one hand, and gazing with the unconscious earnestness of abstraction on the clear fire. At that moment a whole phalanx of gloomy thought was sweeping in successive array across his mind. His early ambition, his ill-omened marriage, the causes of his after-rise in the wrong-judging world, the first dawn of his reputation, his rapid and flattering successes, his present elevation, his aspiring hope of far higher office, and more patrician honours — all these phantoms passed before him in checkered shadow and light; but ever with each stalked one disquieting and dark remembrance — the loss of his only son.
Weaving his ambition with the wish to revive the pride of his hereditary name, every acquisition of fortune or of fame rendered him yet more anxious to find the only one who could perpetuate these hollow distinctions to his race.
“I shall recover him yet!” he broke out suddenly and aloud. As he spoke, a quick, darting, spasmodic pain ran shivering through his whole frame, and then fixed for one instant on his heart with a gripe like the talons of a bird; it passed away, and was followed by a deadly sickness. Brandon rose, and filling himself a large tumbler of water, drank with avidity. The sickness passed off like the preceding pain; but the sensation had of late been often felt by Brandon, and disregarded — for few persons were less afflicted with the self-torture of hypochondria; but now, that night, whether it was more keen than usual, or whether his thought had touched on the string that jars naturally on the most startling of human anticipations, we know not, but, as he resumed his seat, the idea of his approaching dissolution shot like an ice-bolt through his breast.
So intent was this scheming man upon the living objects of the world, and so little were his thoughts accustomed to turn toward the ultimate goal of all things, that this idea obtruding itself abruptly upon him, startled him with a ghastly awe. He felt the colour rush from his cheek, and a tingling and involuntary pain ran wandering through the channels of his blood, even from the roots of the hair to the soles of his feet. But the stern soul of Brandon was not one which shadows could long affright. He nerved himself to meet the grim thought thus forced upon his mental eye, and he gazed on it with a steady and enduring look.
“Well,” thought he, “is my hour coming, or have I yet the ordinary term of mortal nature to expect? It is true, I have lately suffered these strange revulsions of the frame with somewhat of an alarming frequency; perhaps this medicine, which healed the anguish of one infirmity, has produced another more immediately deadly. Yet why should I think this? My sleep is sound and calm, my habits temperate, my mind active and clear as in its best days. In my youth I never played the traitor with my constitution; why should it desert me at the very threshold of my age? Nay, nay, these are but passing twitches, chills of the blood that begins to wax thin. Shall I learn to be less rigorous in my diet? Perhaps wine may reward my abstinence in avoiding it for my luxuries, by becoming a cordial to my necessities! Ay, I will consult — I will consult, I must not die yet. I have — let me see, three — four grades to gain before the ladder is scaled. And, above all, I must regain my child! Lucy married to Mauleverer, myself a peer, my son wedded to-whom? Pray God he be not married already! My nephews and my children nobles! the house of Brandon restored, my power high in the upward gaze of men, my fame set on a more lasting basis than a skill in the quirks of law — these are yet to come; these I will not die till I have enjoyed! Men die not till their destinies are fulfilled. The spirit that swells and soars within me says that the destiny of William Brandon is but half begun!”
With this conclusion, Brandon sought his pillow. What were the reflections of the prisoner whom he was to judge? Need we ask? Let us picture to ourselves his shattered health, the languor of sickness heightening the gloom which makes the very air of a jail; his certainty of the doom to be passed against him; his knowledge that the uncle of Lucy Brandon was to be his judge, that Mauleverer was to be his accuser, and that in all human probability the only woman he had ever loved must sooner or later learn the criminality of his life and the ignominy of his death; let us but glance at the above blackness of circumstances that surrounded him, and it would seem that there is but little doubt as to the complexion of his thoughts! Perhaps, indeed, even in that terrible and desolate hour one sweet face shone on him, “and dashed the darkness all away.” Perhaps, too, whatever might be the stings of his conscience, one thought, one remembrance of a temptation mastered and a sin escaped, brought to his eyes tears that were sweet and healing in their source. But the heart of a man in Clifford’s awful situation is dark and inscrutable; and often when the wildest and gloomiest external circumstances surround us, their reflection sleeps like a shadow, calm and still upon the mind.
The next morning, the whole town of (a town in which, we regret to say, an accident once detained ourself for three wretched days, and which we can, speaking therefore from profound experience, assert to be in ordinary times the most melancholy and peopleless-looking congregation of houses that a sober imagination can conceive) exhibited a scene of such bustle, animation, and jovial anxiety as the trial for life or death to a fellow-creature can alone excite in the phlegmatic breasts of the English. Around the court the crowd thickened with every moment, until the whole marketplace in which the townhall was situated became one living mass. The windows of the houses were filled with women, some of whom had taken that opportunity to make parties to breakfast; and little round tables, with tea and toast on them, caught the eyes of the grinning mobists as they gaped impatiently upwards.
“Ben,” said a stout yeoman, tossing up a halfpenny, and catching the said coin in his right hand, which he immediately covered with the left — “Ben, heads or tails that Lovett is hanged; heads hanged, tails not, for a crown.”
“Petticoats, to be sure,” quoth Ben, eating an apple; and it was heads!
“Damme, you’ve lost!” cried the yeoman, rubbing his rough hands with glee.
It would have been a fine sight for Asmodeus, could he have perched on one of the house tops of the market-place of ———— and looked on the murmuring and heaving sea of mortality below. Oh! the sight of a crowd round a court of law or a gibbet ought to make the devil split himself with laughter.
While the mob was fretting, and pushing, and swearing, and grinning, and betting, and picking pockets, and trampling feet, and tearing gowns, and scrambling nearer and nearer to the doors and windows of the court, Brandon was slowly concluding his abstemious repast, preparatory to attendance on his judicial duties. His footman entered with a letter. Sir William glanced rapidly over the seal (one of those immense sacrifices of wax used at that day), adorned with a huge coat-of-arms, surmounted with an earl’s coronet, and decorated on either side with those supporters so dear to heraldic taste. He then tore open the letter, and read as follows:—
MY DEAR SIR WILLIAM— You know that in the last conversation I had the Honour to hold with you I alluded, though perhaps somewhat distantly, to the esteem which his Majesty had personally expressed for your principles and talents, and his wish to testify it at the earliest opportunity. There will be, as you are doubtless aware, an immediate creation of four peerages. Your name stands second on the list. The choice of title his Majesty graciously leaves to you; but he has hinted that the respectable antiquity of your family would make him best pleased were you to select the name of your own family-seat, which, if I mistake not, is Warlock. You will instruct me at your leisure as to the manner in which the patent should be made out, touching the succession, etc. Perhaps (excuse the license of an old friend) this event may induce you to forsake your long-cherished celibacy. I need not add that this accession of rank will be accompanied by professional elevation. You will see by the papers that the death of ———— leaves vacant the dignity of Chief Baron; and I am at length empowered to offer you a station proportioned to your character and talents.
With great consideration, believe me, my dear Sir, Very truly yours,
Private and Confidential.
Brandon’s dark eye glanced quickly from the signature of the premier, affixed to this communication, towards the mirror opposite him. He strode to it, and examined his own countenance with a long and wistful gaze. Never, we think, did youthful gallant about to repair to the trysting-spot, in which fair looks make the greatest of earthly advantages, gaze more anxiously on the impartial glass than now did the ascetic and scornful judge; and never, we ween, did the eye of the said gallant retire with a more satisfied and triumphant expression.
“Yes, yes!” muttered the judge, “no sign of infirmity is yet written here; the blood flows clear and warm enough; the cheek looks firm too, and passing full, for one who was always of the lean kine. Aha! this letter is a cordial, an elixir vitro. I feel as if a new lease were granted to the reluctant tenant. Lord Warlock, the first Baron of Warlock, Lord Chief Baron — what next?”
As he spoke, he strode unconsciously away, folding his arms with that sort of joyous and complacent gesture which implies the idea of a man hugging himself in a silent delight. Assuredly had the most skilful physician then looked upon the ardent and all-lighted face, the firm step, the elastic and muscular frame, the vigorous air of Brandon, as he mentally continued his soliloquy, he would have predicted for him as fair a grasp on longevity as the chances of mortal life will allow. He was interrupted by the servant entering.
“It is twenty-five minutes after nine, sir,” said he, respectfully.
“Sir — sir!” repeated Brandon. “Ah, well! so late!”
“Yes, sir, and the sheriff’s carriage is almost at the door.”
“Humph! Minister — Peer — Warlock — succession. My son, my son! would to God that I could find thee!”
Such were Brandon’s last thoughts as he left the room. It was with great difficulty, so dense was the crowd, that the judge drove up to the court. As the carriage slowly passed, the spectators pressed to the windows of the vehicle, and stood on tiptoe to catch a view of the celebrated lawyer. Brandon’s face, never long indicative of his feelings, had now settled into its usual gravity; and the severe loftiness of his look chilled, while it satisfied, the curiosity of the vulgar. It had been ordered that no person should be admitted until the judge had taken his seat on the bench; and this order occasioned so much delay, owing to the accumulated pressure of the vast and miscellaneous group, that it was more than half an hour before the court was able to obtain that decent order suiting the solemnity of the occasion. At five minutes before ten a universal and indescribable movement announced that the prisoner was put to the bar. We read in one of the journals of that day, that “on being put to the bar, the prisoner looked round with a long and anxious gaze, which at length settled on the judge, and then dropped, while the prisoner was observed to change countenance slightly. Lovett was dressed in a plain dark suit; he seemed to be about six feet high; and though thin and worn, probably from the effect of his wound and imprisonment, he is remarkably well made, and exhibits the outward appearance of that great personal strength which he is said to possess, and which is not unfrequently the characteristic of daring criminals. His face is handsome and prepossessing, his eyes and hair dark, and his complexion pale, possibly from the effects of his confinement; there was a certain sternness in his countenance during the greater part of the trial. His behaviour was remarkably collected and composed. The prisoner listened with the greatest attention to the indictment, which the reader will find in another part of our paper, charging him with the highway robbery of Lord Mauleverer, on the night of the of last. He occasionally inclined his body forward, and turned his ear towards the court; and he was observed, as the jury were sworn, to look steadily in the face of each. He breathed thick and hard when the various aliases he had assumed — Howard, Cavendish, Jackson, etc. — were read; but smiled with an unaccountable expression when the list was completed, as if exulting at the varieties of his ingenuity. At twenty-five minutes past ten Mr. Dyebright, the counsel for the crown, stated the case to the jury.”
Mr. Dyebright was a lawyer of great eminence; he had been a Whig all his life, but had latterly become remarkable for his insincerity, and subservience to the wishes of the higher powers. His talents were peculiar and effective. If he had little eloquence, he had much power; and his legal knowledge, was sound and extensive. Many of his brethren excelled him in display; but no one, like him, possessed the secret of addressing a jury. Winningly familiar; seemingly candid to a degree that scarcely did justice to his cause, as if he were in an agony lest he should persuade you to lean a hair-breadth more on his side of the case than justice would allow; apparently all made up of good, homely, virtuous feeling, a disinterested regard for truth, a blunt yet tender honesty, seasoned with a few amiable fireside prejudices, which always come home to the hearts of your fathers of families and thorough-bred Britons; versed in all the niceties of language, and the magic of names; if he were defending crime, carefully calling it misfortune; if attacking misfortune, constantly calling it crime — Mr. Dyebright was exactly the man born to pervert justice, to tickle jurors, to cozen truth with a friendly smile, and to obtain a vast reputation as an excellent advocate. He began with a long preliminary flourish on the importance of the case. He said that he should with the most scrupulous delicacy avoid every remark calculated to raise unnecessary prejudice against the prisoner. He should not allude to his unhappy notoriety, his associations with the lowest dregs. (Here up jumped the counsel for the prisoner, and Mr. Dyebright was called to order.) “God knows,” resumed the learned gentleman, looking wistfully at the jury, “that my learned friend might have spared himself this warning. God knows that I would rather fifty of the wretched inmates of this county jail were to escape unharmed than that a hair of the prisoner you behold at the bar should be unjustly touched. The life of a human being is at stake; we should be guilty ourselves of a crime which on our deathbeds we should tremble to recall, were we to suffer any consideration, whether of interest or of prejudice, or of undue fear for our own properties and lives, to bias us even to the turning of a straw against the unfortunate prisoner. Gentlemen, if you find me travelling a single inch from my case — if you find me saying a single word calculated to harm the prisoner in your eyes, and unsupported by the evidence I shall call — then I implore you not to depend upon the vigilance of my learned friend, but to treasure these my errors in your recollection, and to consider them as so many arguments in favour of the prisoner. If, gentlemen, I could by any possibility imagine that your verdict would be favourable to the prisoner, I can, unaffectedly and from the bottom of my heart, declare to you that I should rejoice; a case might be lost, but a fellow-creature would be saved! Callous as we of the legal profession are believed, we have feelings like you; and I ask any one of you, gentlemen of the jury, any one who has ever felt the pleasures of social intercourse, the joy of charity, the heart’s reward of benevolence — I ask any one of you, whether, if he were placed in the arduous situation I now hold, all the persuasions of vanity would not vanish at once from his mind, and whether his defeat as an advocate would not be rendered dear to him by the common and fleshly sympathies of a man. But, gentlemen” (Mr. Dyebright’s voice at once deepened and faltered), “there is a duty, a painful duty, we owe to our country; and never, in the long course of my professional experience, do I remember an instance in which it was more called forth than in the present. Mercy, gentlemen, is dear, very dear to us all; but it is the deadliest injury we can inflict on mankind when it is bought at the expense of justice.”
The learned gentleman then, after a few further prefatory observations, proceeded to state how, on the night of ———— last, Lord Mauleverer was stopped and robbed by three men masked, of a sum of money amounting to above L350, a diamond snuff-box, rings, watch, and a case of most valuable jewels — how Lord Mauleverer, in endeavouring to defend himself, had passed a bullet through the clothes of one of the robbers — how it would be proved that the garments of the prisoner, found in a cave in Oxfordshire, and positively sworn to by a witness he should produce, exhibited a rent similar to such a one as a bullet would produce — how, moreover, it would be positively sworn to by the same witness, that the prisoner Lovett had come to the cavern with two accomplices not since taken up, since their rescue by the prisoner, and boasted of the robbery he had just committed; that in the clothes and sleeping apartment of the robber the articles stolen from Lord Mauleverer were found; and that the purse containing the notes for L300, the only thing the prisoner could probably have obtained time to carry off with him, on the morning on which the cave was entered by the policemen, was found on his person on the day on which he had attempted the rescue of his comrades, and had been apprehended in that attempt. He stated, moreover, that the dress found in the cavern, and sworn to by one witness he should produce as belonging to the prisoner, answered exactly to the description of the clothes worn by the principal robber, and sworn to by Lord Mauleverer, his servant, and the postilions. In like manner the colour of one of the horses found in the cavern corresponded with that rode by the highwayman. On these circumstantial proofs, aided by the immediate testimony of the king’s evidence (that witness whom he should produce) he rested a case which could, he averred, leave no doubt on the minds of an impartial jury. Such, briefly and plainly alleged, made the substance of the details entered into by the learned counsel, who then proceeded to call his witnesses. The evidence of Lord Mauleverer (who was staying at Mauleverer Park, which was within a few miles of —) was short and clear (it was noticed as a singular circumstance, that at the end of the evidence the prisoner bowed respectfully to his lordship). The witness of the postilions and of the valet was no less concise; nor could all the ingenuity of Clifford’s counsel shake any part of their evidence in his cross-examination. The main witness depended on by the crown was now summoned, and the solemn countenance of Peter MacGrawler rose on the eyes of the jury. One look of cold and blighting contempt fell on him from the eye of the prisoner, who did not again deign to regard him during the whole of his examination.
The witness of MacGrawler was delivered with a pomposity worthy of the ex-editor of the “Asinaeum.” Nevertheless, by the skill of Mr. Dyebright, it was rendered sufficiently clear a story to leave an impression on the jury damnatory to the interests of the prisoner. The counsel on the opposite side was not slow in perceiving the ground acquired by the adverse party; so, clearing his throat, he rose with a sneering air to the cross-examination.
“So, so,” began Mr. Botheram, putting on a pair of remarkably large spectacles, wherewith he truculently regarded the witness — “so, so, Mr. MacGrawler — is that your name, eh, eh? Ah, it is, is it? A very respectable name it is too, I warrant. Well, sir, look at me. Now, on your oath, remember, were you ever the editor of a certain thing published every Wednesday, and called the ‘Athenaeum,’ or the ‘Asinaeum,’ or some such name?”
Commencing with this insidious and self-damnatory question, the learned counsel then proceeded, as artfully as he was able, through a series of interrogatories calculated to injure the character, the respectable character, of MacGrawler, and weaken his testimony in the eyes of the jury. He succeeded in exciting in the audience that feeling of merriment wherewith the vulgar are always so delighted to intersperse the dull seriousness of hanging a human being. But though the jury themselves grinned, they were not convinced. The Scotsman retired from the witness-box “scotched,” perhaps, in reputation, but not “killed” as to testimony. It was just before this witness concluded, that Lord Mauleverer caused to be handed to the judge a small slip of paper, containing merely these words in pencil:—
DEAR BRANDON— A dinner waits you at Mauleverer Park, only three miles hence. Lord — and the Bishop of — meet you. Plenty of news from London, and a letter about you, which I will show to no one till we meet. Make haste and hang this poor fellow, that I may see you the sooner; and it is bad for both of us to wait long for a regular meal like dinner. I can’t stay longer, it is so hot, and my nerves were always susceptible.
Yours, MAULEVERER.
If you will come, give me a nod. You know my hour — it is always the same.
The judge, glancing over the note, inclined his head gravely to the earl, who withdrew; and in one minute afterwards, a heavy and breathless silence fell over the whole court. The prisoner was called upon for his defence: it was singular what a different sensation to that existing in their breasts the moment before crept thrillingly through the audience. Hushed was every whisper, vanished was every smile that the late cross-examination had excited; a sudden and chilling sense of the dread importance of the tribunal made itself abruptly felt in the minds of every one present.
Perhaps, as in the gloomy satire of Hogarth (the moral Mephistopheles of painters), the close neighbourhood of pain to mirth made the former come with the homelier shock to the heart; be that as it may, a freezing anxiety, numbing the pulse and stirring through the air, made every man in that various crowd feel a sympathy of awe with his neighbour, excepting only the hardened judge and the hackneyed lawyers, and one spectator — an idiot who had thrust himself in with the general press, and stood, within a few paces of the prisoner, grinning unconsciously, and every now and then winking with a glassy eye at some one at a distance, whose vigilance he had probably eluded.
The face and aspect, even the attitude, of the prisoner were well fitted to heighten the effect which would naturally have been created by any man under the same fearful doom. He stood at the very front of the bar, and his tall and noble figure was drawn up to its full height; a glow of excitement spread itself gradually over features at all times striking, and lighted an eye naturally eloquent, and to which various emotions at that time gave a more than commonly deep and impressive expression. He began thus:—
“My lord, I have little to say, and I may at once relieve the anxiety of my counsel, who now looks wistfully upon me, and add that that little will scarcely embrace the object of defence. Why should I defend myself? Why should I endeavour to protract a life that a few days, more or less, will terminate, according to the ordinary calculations of chance? Such as it is and has been, my life is vowed to the law, and the law will have the offering. Could I escape from this indictment, I know that seven others await me, and that by one or the other of these my conviction and my sentence must come. Life may be sweet to all of us, my lord; and were it possible that mine could be spared yet a while, that continued life might make a better atonement for past actions than a death which, abrupt and premature, calls for repentance while it forbids redress.
“But when the dark side of things is our only choice, it is useless to regard the bright; idle to fix our eyes upon life, when death is at hand; useless to speak of contrition, when we are denied its proof. It is the usual policy of prisoners in my situation to address the feelings and flatter the prejudices of the jury; to descant on the excellence of our laws, while they endeavour to disarm them; to praise justice, yet demand mercy; to talk of expecting acquittal, yet boast of submitting without a murmur to condemnation. For me, to whom all earthly interests are dead, this policy is idle and superfluous. I hesitate not to tell you, my lord judge — to proclaim to you, gentlemen of the jury — that the laws which I have broken through my life I despise in death! Your laws are but of two classes; the one makes criminals, the other punishes them. I have suffered by the one; I am about to perish by the other.
“My lord, it was the turn of a straw which made me what I am. Seven years ago I was sent to the house of correction for an offence which I did not commit. I went thither, a boy who had never infringed a single law; I came forth, in a few weeks, a man who was prepared to break all laws! Whence was this change? Was it my fault, or that of my condemners? You had first wronged me by a punishment which I did not deserve; you wronged me yet more deeply when (even had I been guilty of the first offence) I was sentenced to herd with hardened offenders, and graduates in vice and vice’s methods of support. The laws themselves caused me to break the laws: first, by implanting within me the goading sense of injustice; secondly, by submitting me to the corruption of example. Thus, I repeat — and I trust my words will sink solemnly into the hearts of all present — your legislation made me what I am; and it now destroys me, as it has destroyed thousands, for being what it made me! But for this, the first aggression on me, I might have been what the world terms honest — I might have advanced to old age and a peaceful grave through the harmless cheateries of trade or the honoured falsehoods of a profession. Nay, I might have supported the laws which I have now braved; like the counsel opposed to me, I might have grown sleek on the vices of others, and advanced to honour by my ingenuity in hanging my fellow-creatures! The canting and prejudging part of the Press has affected to set before you the merits of ‘honest ability,’ or ‘laborious trade,’ in opposition to my offences. What, I beseech you, are the props of your ‘honest’ exertion — the profits of ‘trade’? Are there no bribes to menials? Is there no adulteration of goods? Are the rich never duped in the price they pay? Are the poor never wronged in the quality they receive? Is there honesty in the bread you eat, in a single necessity which clothes or feeds or warms you? Let those whom the law protects consider it a protector: when did it ever protect me? When did it ever protect the poor man? The government of a State, the institutions of law, profess to provide for all those who ‘obey.’ Mark! a man hungers — do you feed him? He is naked — do you clothe him? If not, you break your covenant, you drive him back to the first law of nature, and you hang him, not because he is guilty, but because you have left him naked and starving! [A ............