"MORBID SYMPATHIES.

"We have often thought that the tenderness shown by our law to presumed criminals is as injurious as it is inconsistent and excessive. A miserable beggar, a petty rioter, the wretch who steals a loaf to satisfy the gnawings of his hunger, is roughly seized, closely examined, and severely punished; meanwhile, the plain common sense of our mobs, if not of our magistracy, has pitied the offender, and perhaps acquitted him. But let some apparent murderer be caught, almost in the flagrant deed of his atrocity; let him, to the best of all human belief, have killed, disembowelled, and dismembered; let him have united the coolness of consummate craft to the boldest daring of iniquity, and straightway (though the generous crowd may hoot and hunt the wretch with yelling execration) he finds in law and lawyers, refuge, defenders, and apologists. Tenderly and considerately is he cautioned on no account to criminate himself: he is exhorted, even by judges, to withdraw the honest and truthful plea of 'guilty,' now the only amends which such a one can make to the outraged laws of G.o.d and man: he is defended, even to the desperate length of malignant accusation of the innocent, by learned men, whose aim it is to pervert justice and screen the guilty!

he is lodged and tended with more circ.u.mstances of outward comfort and consideration than he probably has ever experienced in all his life before; and if, notwithstanding the ingenuity of his advocates, and the merciful glosses of his judge, a simple-minded British jury capitally convict him, and he is handed over to the executioner, he still finds pious gentlemen ready to weep over him in his cell, and t.i.tled dames to send him white camellias, to wear upon his heart when he is hanging.[A]

"Now what is the necessary consequence of this, but a mighty, a fearfully influential premium on crime? And what is its radical cause, but the absurd indulgence wherewith our law greets the favoured, _because_ the atrocious criminal? Upon what principle of propriety, or of natural justice, should a seeming murderer not be--we will not say sternly, but even kindly--catechised, and for his very soul's sake counselled to confess his guilt? Why should the _morale_ of evidence be so thoroughly lost sight of, and a malefactor, who is ready to acknowledge crime, or unable, when questioned, to conceal it, on no account be listened to, lest he may do his precious life irreparable harm? It is not agonized repentance, or incidental disclosure, that makes the culprit his own executioner, but his crime that has preceded; it is not the weak, avowing tongue, but the bold and b.l.o.o.d.y hand.

"We are unwilling to allude specifically to the name of any recent malefactor in connexion with these plain remarks; for, in the absence alike of hindered voluntary confession and of incomplete legal evidence, we would not prejudge, that is, prejudice a case. But we do desire to exclaim against any further exhibition of that morbid tenderness wherewith all persons are sure to be treated, if only they are accused of enormities more than usually disgusting; and we specially protest against that foolish, however ancient, rule in our criminal law, which discourages and rejects the slenderest approach to a confession, while it has sacrificed many an innocent victim to the uncertainty of evidence, supported by nothing more safe than outward circ.u.mstantials."

At length, and after much gesticulation and protestation, Mr. Sharp has succeeded; he had apparently innoculated the miserable man with hopes; for the miscreant now said firmly, "I plead not guilty."

The briefless one looked happy--nay, triumphant: Jennings was a wealthy man, all knew; and, any how, he should bag a bouncing fee. How far such money was likely to do him any good, he never stopped to ask. "Money is money," said Philip Sharp and the Emperor Vespasian.

We need not trouble ourselves to print Mr. Sharp's very flashy, flippant speech. Suffice it to say, that, not content with a.s.serting vehemently on his conscience as a Christian, on his honour as a man, that Simon Jennings was an innocent, maligned, persecuted individual; labouring, perhaps, under mono-mania, but pure and gentle as the babe new-born--not satisfied with traducing honest Ben Burke as a most suspicious witness, probably a murderer--ay, _the_ murderer himself, a mere riotous ruffian [Ben here chucked his cap at him, and thereby countenanced the charge], a mere scoundrel, not to say scamp, whom no one should believe upon his oath; he again, with all the semblance of sincerity, accused, however vainly, Roger Acton: and lastly, to the disgust and astonishment of the whole court, added, with all acted appearances of fervent zeal for justice, "And I charge his pious daughter, too, that far too pretty piece of goods, Grace Acton, with being accessory to this atrocious crime after the fact!"

There was a storm of shames and hisses; but the judge allayed it, quietly saying,

"Mr. Sharp, be so good as to confine your attention to your client; he appears to be quite worthy of you."

Then Mr. Sharp, like the firm just man immortalized by Flaccus, stood stout against the visage of the judge, sneered at the wrath of citizens commanding things unjust, turned to Ben Burke minaciously, calling him "_Dux inquieti turbidus Adriae_" [as Burke had heard this quotation, he thought it was about the "ducks" he had been decoying], and altogether seemed not about to be put down, though the huge globe crack about his ears. After this, he calmly worded on, seeming to regard the judge's stinging observation with the same sort of indifference as the lion would a dew-drop on his mane; and having poured out all manner of voluminous bombast, he gradually ran down, and came to a conclusion; then, jumping up refreshed, like the bounding of a tennis-ball, he proceeded to call witnesses; and, judging from what happened at the inquest, as well as because he wished to overwhelm a suspected and suspecting witness, he pounced, somewhat infelicitously, on Jonathan Floyd.

"So, my fine young fellow, you are a footman, eh, at Hurstley?"

"Yes, sir, an' it please you--or rather, an' it please my master."

"You remember what happened on the night of the late Mrs. Quarles's decease?"

"Oh, many things happened; Mr. Jennings was lost, he wasn't to be found, he was hid somewhere, n.o.body saw him till next morning."

"Stop, sirrah! not quite so quick, if you please; you are on your oath, be careful what you say. I have it in evidence, sirrah, before the coroner;" and he looked triumphantly about him at this clencher to all Jonathan's testimony; "that you saw him yourself that night speaking to the dog; what do you mean by swearing that n.o.body saw him till next morning?"

"Well, mister, I mean this; whether or no poor old Mrs. Quarles saw her affectionate nephew that night before the clock struck twelve, there's none alive to tell; but no one else did--for Sarah and I sat up for him till past midnight. He was hidden away somewhere, snug enough; and as I verily believe, in the poor old 'ooman's own--"

"Silence, silence! sir, I say; we want none of your impertinent guesses here, if you please: to the point, sirrah, to the point; you swore before the coroner, that you had seen Mr. Jennings, in his courage and his kindness, quieting the dog that very night, and now--"

"Oh," interrupted Jonathan in his turn, "for the matter of that, when I saw him with the dog, it was hard upon five in the morning. And here, gentlemen," added Floyd, with a promiscuous and comprehensive bow all round, "if I may speak my mind about the business--"

"Go down, sir!" said Mr. Sharp, who began to be afraid of truths.

"Pardon me, this may be of importance," remarked Roger Acton's friend; "say what you have to say, young man."

"Well, then, gentlemen and my lord, I mean to say thus much. Jennings there, the prisoner (and I'm glad to see him standing at the bar), swore at the inquest that he went to quiet Don, going round through the front door; now, none could get through that door without my hearing of him; and certainly a little puny Simon like him could never do so without I came to help him; for the lock was stiff with rust, and the bolt out of his reach."

"Stop, young man; my respected client, Mr. Jennings, got upon a chair."

"Indeed, sir? then he must ha' created the chair for that special purpose: there wasn't one in the hall then; no, nor for two days after, when they came down bran-new from Dowbiggins in London, with the rest o'

the added furnitur' just before my honoured master."

This was conclusive, certainly; and Floyd proceeded.

"Now, gentlemen and my lord, if Jennings did not go that way, nor the kitchen-way neither--for he always was too proud for scullery-door and kitchen--and if he did not give himself the trouble to unfasten the dining-room or study windows, or to unscrew the iron bars of his own pantry, none of which is likely, gentlemen--there was but one other way out, and that way was through Bridget Quarles's own room. Now--"

"Ah--that room, that bed, that corpse, that crock!--It is no use, no use," the wretched miscreant added slowly, after his first hurried exclamations; "I did the deed, I did it! guilty, guilty." And, notwithstanding all Mr. Sharp's benevolent interferences, and appeals to judge and jury on the score of mono-mania, and shruggings-up of shoulders at his client's folly, and virtuous indignation at the evident leaning of the court--the murderer detailed what he had done. He spoke quietly and firmly, in his usually stern and tyrannical style, as if severe upon himself, for being what?--a man of blood, a thief, a perjured false accuser? No, no; lower in the scale of Mammon's judgment, worse in the estimate of him whose G.o.d is gold; he was now a pauper, a mere moneyless forked animal; a beggared, emptied, worthless, penniless creature: therefore was he stern against his ill-starred soul, and took vengeance on himself for being poor.

It was a consistent feeling, and common with the mercantile of this world; to whom the accidents of fortune are every thing, and the qualities of mind nothing; whose affections ebb and flow towards friends, relations--yea, their own flesh and blood, with the varying tide of wealth: whom a luckless speculation in cotton makes an enemy, and gambling gains in corn restore a friend; men who fall down mentally before the golden calf, and offer up their souls to Nebuchadnezzar's idol: men who never saw harm nor shame in the craftiest usurer or meanest pimp, provided he has thousands in the three per cents.; and whose indulgent notions of iniquity reach their climax in the phrase--the man is poor.

So then, with unhallowed self-revenge, Simon rigidly detailed his crimes: he led the whole court step by step, as I have led the reader, through the length and breadth of that terrible night: of the facts he concealed nothing, and the crowded hall of judgment shuddered as one man, when he came to his awful disclosure, hitherto unsuspected, unimagined, of that second strangulation: as to feelings, he might as well have been a galvanized mummy, an automaton lay-figure enunciating all with bellows and clapper, for any sense he seemed to have of shame, or fear, or pity; he admitted his lie about the door, complimented Burke on the accuracy of his evidence, and declared Roger Acton not merely innocent, but ignorant of the murder.

This done, without any start or trepidation in his manner as formerly, he turned his head over his left shoulder, and said, in a deep whisper, heard all over the court, "And now, Aunt Quarles, I am coming; look out, woman, I will have my revenge for all your hauntings: again shall we wrestle, again shall we battle, again shall I throttle you, again, again!"

O, most fearful thought! who knoweth but it may be true? that spirits of wickedness and enmity may execute each other's punishment, as those of righteousness and love minister each other's happiness! that--d.a.m.ned among the d.a.m.ned--the spirit of a Nero may still delight in torturing, and that those who in this world were mutual workers of iniquity, may find themselves in the next, sworn retributors of wrath? No idle threat was that of the demoniac Simon, and possibly with no vain fears did the ghost of the murdered speed away.

When the sensation of horror, which for a minute delayed the court-business, and has given us occasion to think that fearful thought, when this had gradually subsided, the foreman of the jury, turning to the judge, said,

"My lord, we will not trouble your lordship to sum up; we are all agreed--Guilty."

One word about Mr. Sharp: he was entirely chagrined; his fortunes were at stake; he questioned whether any one in Newgate would think of him again. To make matters worse, when he whispered for a fee to Mr.

Jennings (for he did whisper, however contrary to professional etiquette), that worthy gentleman replied by a significant sneer, to the effect that he had not a penny to give him, and would not if he had: whereupon Mr. Sharp began to coincide with the rest of the world in regarding so impoverished a murderer as an atrocious criminal; then, turning from his client with contempt, he went to the length of congratulating Roger on his escape, and actually offered his hand to Ben Burke. The poacher's reply was characteristic: "As you means it kindly, Master Horsehair, I won't take it for an insult: howsomdever, either your hand or mine, I won't say which, is too dirty for shaking. Let me do you a good turn, Master: there's a blue-bottle on your wig; I think as it's Beelzebub a-whispering in your ear: allow me to drive him away."

And the poacher dealt him such a cuff that this barrister reeled again; and instantly afterwards took advantage of the cloud of hair-powder to leave the court unseen.

CHAPTER XLVIII.

SENTENCE AND DEATH.

SILENCE, silence! shouted the indignant crier, and the episodical cause of Burke, _v._ Sharp, was speedily hushed.

The eyes of all now concentred on the miserable criminal; for the time, every thing else seemed forgotten. Roger, Grace, and Ben, grouped together in the midst of many friends, who had crowded round them to congratulate, leaned forward like the rest of that dense hall, as simply thralled spectators. Mr. Grantly lifted up a pair of very moistened eyes behind his spectacles, and looked earnestly on, with his wig, from agitation, wriggled tails in front. The judge (it was good old Baron Parker) put on the black cap to p.r.o.nounce sentence. There was a pause.

But we have forgotten Simon Jennings--what was he about? did that "cynosure of neighbouring eyes" appear alarmed at his position, anxious at his fate, or even attentive to what was going on? No: he not only appeared, but was, the most unconcerned individual in the whole court: he even tried to elude utter vacancy of thought by amusing himself with external things about him: and, on Wordsworth's principle of inducing sleep by counting

"A flock of sheep, that leisurely pa.s.s by, One after one,"

he was trying to reckon, for pleasant peace of mind's sake, how many folks were looking at him. Only see--he is turning his white stareful face in every direction, and his lips are going a thousand and forty-one, a thousand and forty-two, a thousand and forty-three; he will not hurry it over, by leaving out the "thousand:" alas! this holiday of idiotic occupation is all the respite now his soul can know.

And the judge broke that awful silence, saying,

"Prisoner at the bar, you are convicted on your own confession, as well as upon other evidence, of crimes too horrible to speak of. The deliberate repet.i.tion of that fearful murder, cla.s.ses you among the worst of wretches whom it has been my duty to condemn: and when to this is added your perjured accusation of an innocent man, whom nothing but a miracle has rescued, your guilt becomes appalling--too hideous for human contemplation. Miserable man, prepare for death, and after that the judgment; yet, even for you, if you repent, there may be pardon; it is my privilege to tell even you, that life and hope are never to be separated, so long as G.o.d is merciful, or man may be contrite. The Sacrifice of Him who died for us all, for you, poor fellow-creature [here the good judge wept for a minute like a child]--for you, no less than for me, is available even to the chief of sinners. It is my duty and my comfort to direct your blood-stained, but immortal soul, eagerly to fly to that only refuge from eternal misery. As to this world, your career of wickedness is at an end: covetousness has conceived and generated murder; and murder has even over-stept its common bounds, to repeat the terrible crime, and then to throw its guilt upon the innocent. Entertain no hope whatever of a respite; mercy in your case would be sin.

"The sentence of the court is, that you, Simon Jennings, be taken from that bar to the county jail, and thence on this day fortnight to be conveyed to the place of execution within the prison, and there by the hands of the common hangman be hanged by the neck--"

At the word "neck," in the slow and solemn enunciation of the judge, issued a terrific scream from the mouth of Simon Jennings: was he mad after all--mad indeed? or was he being strangled by some unseen executioner? Look at him, convulsively doing battle with an invisible foe! his eyes start; his face gets bluer and bluer; his hands, fixed like griffin's talons, clutch at vacancy--he wrestles--struggles--falls.

All was now confusion: even the grave judge, who had necessarily stopped at that frightful interruption, leaned eagerly over his desk, while barristers and serjeants learned in the law crowded round the prisoner: "He is dying! air, there--air! a gla.s.s of water, some one!"