Joey made no reply, but sat down on the bedstead.

"If the deed was not done by you, by whom was it done?" urged Mr Trevor. "If you make no reply to that, I must throw up my brief."

"You said just now," returned Joey, "that if I declared myself guilty of the murder, you would still defend me; now, because I say I am not, and will not say who is, you must throw up your brief. Surely you are inconsistent."

"I must have your confidence, my good lad."

"You never will have more than you have now. I have not requested you to defend me. I care nothing about defence."

"Then, you wish to be hanged?"

"No, I do not; but, rather than say anything, I will take my chance of it."

"This is very strange," said Mr Trevor: after a pause, he continued, "I observe that you are supposed to have killed this man, Byres, when n.o.body else was present; you were known to go out with your father's gun, and the keeper's evidence proved that you poached. Now, as there is no evidence of intentional murder on your part, it is not impossible that the gun went off by accident, and that, mere boy as you must have been at that age, you were so frightened at what had taken place, that you absconded from fear. It appears to me that that should be our line of defence."

"I never fired at the man at all," said Joey.

"Who fired the gun, then?" asked Mr Trevor.

Joey made no reply.

"Rushbrook," said Mr Trevor, "I am afraid I can be of little use to you; indeed, were it not that your sister's tears have interested me, I would not take up your cause. I cannot understand your conduct, which appears to me to be absurd; your motives are inexplicable, and all I can believe is, that you have committed the crime, and will not divulge the secret to any one, not even to those who would befriend you."

"Think of me what you please, sir," rejoined our hero; "see me condemned, and, if it should be so, executed; and, after all _that_ has taken place, believe me, when I a.s.sert to you--as I hope for salvation-- I am not guilty. I thank you, sir, thank you sincerely, for the interest you have shown for me; I feel grateful, excessively grateful, and the more so for what you have said of Mary; but if you were to remain here for a month, you could gain no more from me than you have already."

"After such an avowal, it is useless my stopping here," said Mr Trevor; "I must make what defence I can, for your sister's sake."

"Many, many thanks, sir, for your kindness; I am really grateful to you," replied Joey.

Mr Trevor remained for a minute scanning the countenance or our hero.

There was something in it so clear and bright, so unflinching, so proclaiming innocence, and high feeling, that he sighed deeply as he left the cell.

His subsequent interview with Mary was short; he explained to her the difficulties arising from the obstinacy of her brother; but at the same time expressed his determination to do his best to save him.

Mary, as soon as she had seen Mr Trevor, set off on her return to the Hall. As soon as she went to Mrs Austin, Mary apprised her of Mr Trevor's having consented to act as counsel for our hero, and also of Joey's resolute determination not to divulge the secret.

"Madam," said Mary, after some hesitation, "it is my duty to have no secret from you: and I hope you will not be angry when I tell you that I have discovered that which you would have concealed."

"What have you discovered, Mary?" asked Mrs Austin, looking at her with alarm.

"That Joseph Rushbrook is your own son," said Mary, kneeling down and kissing the hand of her mistress. "The secret is safe with me, depend upon it," she continued.

"And how have you made the discovery, Mary; for I will not attempt to deny it?"

Mary then entered into a detail of her conversation with Mr Trevor.

"He asked me," said she, "as the sister of Joey, if we had any relatives, and I replied, 'No;' so that he has no suspicion of the fact.

I beg your pardon, madam, but I could not keep it from Joey; I quite forgot my promise to you at the time."

"And what did my poor child say?"

"That he would not see you until after his trial; but, when his fate was decided, he should like to see you once more. Oh, madam, what a painful sacrifice! and yet, now, I do not blame him; for it is his duty."

"My dread is not for my son, Mary; he is innocent; and that to me is everything; but if my husband was to hear of his being about to be tried, I know not what would be the consequence. If it can only be kept from his knowledge! G.o.d knows that he has suffered enough! But what am I saying? I was talking nonsense."

"Oh, madam! I know the whole; I cannot be blinded either by Joey or you. I beg your pardon, madam; but although Joey would not reply, I told him that his father did the deed. But do not answer me, madam; be silent, as your son has been: and believe me when I say that my suspicion could not be wrenched from me even by torture."

"I do trust you, Mary; and perhaps the knowledge that you have obtained is advantageous. When does the trial come on?"

"The a.s.sizes commence to-morrow forenoon, madam, they say."

"Oh! how I long to have him in these arms!" exclaimed Mrs Austin.

"It is indeed a sad trial to a mother, madam," replied Mary; "but still it must not be until after he is--"

"Yes; until he is condemned! G.o.d have mercy on me; Mary, you had better return to Exeter; but write to me every day. Stay by him and comfort him; and may the G.o.d of comfort listen to the prayers of an unhappy and distracted mother! Leave me now. G.o.d bless you, my dear girl! you have indeed proved a comfort. Leave me now."

CHAPTER FORTY SEVEN.

IN WHICH OUR HERO PROVES GAME TO THE VERY LAST.

Mary returned to Exeter. The trial of our hero was expected to come on on the following day. She preferred being with Joey to witnessing the agony and distress of Mrs Austin, to whom she could offer no comfort; indeed, her own state of suspense was so wearing, that she almost felt relief when the day of trial came on. Mr Trevor had once more attempted to reason with Joey, but our hero continued firm in his resolution, and Mr Trevor, when he made his appearance in the court, wore upon his countenance the marks of sorrow and discontent; he did not, nevertheless, fail in his duty. Joey was brought to the bar, and his appearance was so different from that which was to be expected in one charged with the crime of murder, that strong interest was immediately excited; the spectators antic.i.p.ated a low-bred ruffian, and they beheld a fair, handsome young man, with an open brow and intelligent countenance, whose eye quailed not when it met their own, and whose demeanour was bold without being offensive. True that there were traces of sorrow on his countenance, and that his cheeks were pale; but no one who had any knowledge of human nature, or any feeling of charity in his disposition, could say that there was the least appearance of guilt. The jury were empannelled, the counts of the indictment read over, and the trial commenced, and, as the indictment was preferred, the judge caught the date of the supposed offence.

"What is the date?" said the judge; "the year, I mean?"

Upon the reply of the clerk, his lordship observed, "Eight years ago!"

and then looking at the prisoner, added, "Why, he must have been a child."

"As is too often the case," replied the prosecuting counsel; "a child in years, but not in guilt, as we shall soon bring evidence to substantiate."

As the evidence brought forward was the same, as we have already mentioned, as given on the inquest over the body, we shall pa.s.s it over; that of Furness, as he was not to be found, was read to the court. As the trial proceeded, and as each fact came forth more condemning, people began to look with less compa.s.sion on the prisoner: they shook their heads, and compressed their lips.

As soon as the evidence for the Crown was closed, Mr Trevor rose in our hero's defence. He commenced by ridiculing the idea of trying a mere child upon so grave a charge, for a child the prisoner must have been at the time the offence was committed. "Look at him now, gentlemen of the jury; eight years ago the murder of the pedlar, Byres, took place; why, you may judge for yourselves whether he is now more than seventeen years of age; he could scarcely have held a gun at the time referred to."

"The prisoner's age does not appear in the indictment," observed the judge.

"May we ask his age, my lord?" demanded one of the jury.

"The prisoner may answer the question if he pleases," replied the judge, "not otherwise; perhaps he may not yet be seventeen years, of age. Do you wish to state your age to the jury, prisoner?"

"I have no objection, my lord," replied Joey, not regarding the shakes of the head of his counsel: "I was twenty-two last month."

Mr Trevor bit his lips at this unfortunate regard for truth in our hero, and, after a time, proceeded, observing that the very candour of the prisoner, in not taking advantage of his youthful appearance to deceive the jury, ought to be a strong argument in his favour. Mr Trevor then continued to address the jury upon the vagueness of the evidence, and, as he proceeded, observed--"Now, gentlemen of the jury, if this case had been offered to me to give an opinion upon, I should, without any previous knowledge of the prisoner, have just come to the following conclusion--I should have said (and your intelligence and good sense will, I have no doubt, bear me out in this supposition), that, allowing that the pedlar, Byres, did receive his death by the prisoner's hand--I say, gentlemen, that _allowing_ such to have been the case, for I deny that it is borne out by the evidence--that it must have been _that_, at the sudden meeting with the pedlar, when the lad's conscience told him that what he was doing was wrong, that the gun of the prisoner was discharged unintentionally, and the consequence was fatal; I should then surmise, further, that the prisoner, frightened at the deed which he had unintentionally committed, had absconded upon the first impulse.

That, gentlemen I believe to be the real state of the case; and what was more natural than that a child under such circ.u.mstances should have been frightened, and have attempted to evade the inquiry which must have eventually ensued?"

"You state such to be your opinion, Mr Trevor; do you wish me to infer that the prisoner pleads such as his defence?" asked the judge.

"My lord," replied Mr Trevor, in a hesitating way, "the prisoner has pleaded not guilty to the crime imputed to him."