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The last witness had been now examined。 The chair on wheels
glided away with the half…man in it; and was lost in a distant
corner of the Court。 The Lord Advocate rose to address the Jury
for the prosecution。
I do not scruple to say that I never read anything so infamous as
this great lawyer's speech。 He was not ashamed to declare; at
starting; that he firmly believed the prisoner to be guilty。 What
right had he to say anything of the sort? Was it for _him_ to
decide? Was he the Judge and Jury both; I should like to know?
Having begun by condemning the prisoner on his own authority; the
Lord Advocate proceeded to pervert the most innocent actions of
that unhappy man so as to give them as vile an aspect as
possible。 Thus: When Eustace kissed his poor wife's forehead on
her death…bed; he did it to create a favorable impression in the
minds of the doctor and the nurse! Again; when his grief under
his bereavement completely overwhelmed him; he was triumphing in
secret; and acting a part! If you looked into his heart; you
would see there a diabolical hatred for his wife and an
infatuated passion for Mrs。 Beauly! In everything he had said he
had lied; in everything he had done he had acted like a crafty
and heartless wretch! So the chief counsel for the prosecution
spoke of the prisoner; standing helpless before him at the Bar。
In my husband's place; if I could have done nothing more; I would
have thrown something at his head。 As it was; I tore the pages
which contained the speech for the prosecution out of the Report
and trampled them under my feetand felt all the better too for
having done it。 At the same time I feel a little ashamed of
having revenged myself on the harmless printed leaves n ow。
The fifth day of the Trial opened with the speech for the
defense。 Ah; what a contrast to the infamies uttered by the Lord
Advocate was the grand burst of eloquence by the Dean of Faculty;
speaking on my husband's side!
This illustrious lawyer struck the right note at starting。
〃I yield to no one;〃 he began; 〃in the pity I feel for the wife。
But I say; the martyr in this case; from first to last; is the
husband。 Whatever the poor woman may have endured; that unhappy
man at the Bar has suffered; and is now suffering; more。 If he
had not been the kindest of men; the most docile and most devoted
of husbands; he would never have occupied his present dreadful
situation。 A man of a meaner and harder nature would have felt
suspicions of his wife's motives when she asked him to buy
poisonwould have seen through the wretchedly commonplace
excuses she made for wanting itand would have wisely and
cruelly said; 'No。' The prisoner is not that sort of man。 He is
too good to his wife; too innocent of any evil thought toward
her; or toward any one; to foresee the inconveniences and the
dangers to which his fatal compliance may expose him。 And what is
the result? He stands there; branded as a murderer; because he
was too high…minded and too honorable to suspect his wife。〃
Speaking thus of the husband; the Dean was just as eloquent and
just as unanswerable when he came to speak of the wife。
〃The Lord Advocate;〃 he said; 〃has asked; with the bitter irony
for which he is celebrated at the Scottish Bar; why we have
failed entirely to prove that the prisoner placed the two packets
of poison in the possession of his wife。 I say; in answer; we
have proved; first; that the wife was passionately attached to
the husband; secondly; that she felt bitterly the defects in her
personal appearance; and especially the defects in her
complexion; and; thirdly; that she was informed of arsenic as a
supposed remedy for those defects; taken internally。 To men who
know anything of human nature; there is proof enough。 Does my
learned friend actually suppose that women are in the habit of
mentioning the secret artifices and applications by which they
improve their personal appearance? Is it in his experience of the
sex that a woman who is eagerly bent on making herself attractive
to a man would tell that man; or tell anybody else who might
communicate with him; that the charm by which she hoped to win
his heartsay the charm of a pretty complexionhad been
artificially acquired by the perilous use of a deadly poison? The
bare idea of such a thing is absurd。 Of course nobody ever heard
Mrs。 Eustace Macallan speak of arsenic。 Of course nobody ever
surprised her in the act of taking arsenic。 It is in the evidence
that she would not even confide her intention to try the poison
to the friends who had told her of it as a remedy; and who had
got her the book。 She actually begged them to consider their
brief conversation on the subject as strictly private。 From first
to last; poor creature; she kept her secret; just as she would
have kept her secret if she had worn false hair; or if she had
been indebted to the dentist for her teeth。 And there you see her
husband; in peril of his life; because a woman acted _like_ a
womanas your wives; gentlemen of the Jury; would; in a similar
position; act toward You。〃
After such glorious oratory as this (I wish I had room to quote
more of it!); the next; and last; speech delivered at the
Trialthat is to say; the Charge of the Judge to the Juryis
dreary reading indeed。
His lordship first told the Jury that they could not expect to
have direct evidence of the poisoning。 Such evidence hardly ever
occurred in cases of poisoning。 They must be satisfied with the
best circumstantial evidence。 All quite true; I dare say。 But;
having told the Jury they might accept circumstantial evidence;
he turned back again on his own words; and warned them against
being too ready to trust it! 〃You must have evidence satisfactory
and convincing to your own minds;〃 he said; 〃in which you find no
conjecturesbut only irresistible and just inferences。〃 Who is
to decide what is a just inference? And what is circumstantial
evidence _but_ conjecture?
After this specimen; I need give no further extracts from the
summing up。 The Jury; thoroughly bewildered no doubt; took refuge
in a compromise。 They occupied an hour in considering and
debating among themselves in their own room。 (A jury of women
would not have taken a minute!) Then they returned into Court;
and gave their timid and trimming Scotch Verdict in these words:
〃Not Proven。〃
Some slight applause followed among the audience; which was
instantly checked。 The prisoner was dismissed from the Bar。 He
slowly retired; like a man in deep grief: his head sunk on his
breastnot looking at any one; and not replying when his friends
spoke to him。 He knew; poor fellow; the slur that the Verdict
left on him。 〃We don't say you are innocent of the crime charged
against you; we only say there is not evidence enough to convict
you。〃 In that lame and impotent conclusion the proceedings ended
at the time。 And there they would have remained for all timebut
for Me。
CHAPTER XXI。
I SEE MY WAY。
IN the gray light of the new morning I closed the Report of my
husband's Trial for the Murder of his first Wife。
No sense of fatigue overpowered me。 I had no wish; after my long
hours of reading and thinking; to lie down and sleep。 It was
strange; but it was so。 I felt as if I _had_ slept; and had now
just awakeneda new woman; with a new mind。
I could now at last understand Eustace's desertion of me。 To a
man of his refinement it would have been a martyrdom to meet his
wife after she had read the things published of him to all the
world in the Report。 I felt that as he would have felt it。 At the
same time I thought he might have trusted Me to make amends to
him for the martyrdom; and might have come back。 Perhaps it might
yet end in his coming back。 In the meanwhile; and in that
expectation; I pitied and forgave him with my whole heart。
One little matter only dwelt on my mind disagreeably; in spite of
my philosophy。 Did Eustace still secretly love Mrs。 Beauly? or
had I extinguished that passion in him? To what order of beauty
did this lady belong? Were we by any chance; the least in the
world like one another?
The window of my room looked to the east。 I drew up the blind;
and saw the sun rising grandly in a clear sky。 The temptation to
go out and breathe the fresh morning air was irresistible。 I put
on my hat and shawl; and took the Report of the Trial under my
arm。 The bolts of the back door were easily drawn。 In another
minute I was out in Benjamin's pretty little garden。
Composed and strengthened by the inviting solitude and the
delicious air; I found courage enough to face the serious
question that now confronted methe question of the future。
I had read the Trial。 I had vowed to devote my life to the sacred
object of vindicating my husband's innocence。 A solitary;
defenseless woman; I stood pledged to myself to carry that
desperate resolution through to an end。 How was I to begin?
The bold way of beginning was surely the wise way in such a
position as mine。 I had good reasons (founded; as I have already
mentioned; on the important part played by this witness at the
Trial) for believing that the fittest person to advise and assist
me wasMiserrimus Dexter。 He might disappoi