"No mistake is possible, your worship. It is a certainty."

The magistrate looked at Anstey inquiringly, whereupon the barrister rose.

"We reserve our defence, your worship."

The magistrate then, in the same placid, business-like manner, committed the prisoner for trial at the Central Criminal Court, refusing to accept bail for his appearance, and, as Reuben was led forth from the dock, the next case was called.

By special favour of the authorities, Reuben was to be allowed to make his journey to Holloway in a cab, thus escaping the horrors of the filthy and verminous prison van, and while this was being procured, his friends were permitted to wish him farewell.

"This is a hard experience, Hornby," said Thornd.y.k.e, when we three were, for a few moments, left apart from the others; and as he spoke the warmth of a really sympathetic nature broke through his habitual impa.s.sivity. "But be of good cheer; I have convinced myself of your innocence and have good hopes of convincing the world-though this is for your private ear, you understand, to be mentioned to no one."

Reuben wrung the hand of this "friend in need," but was unable, for the moment, to speak; and, as his self-control was evidently strained to the breaking point, Thornd.y.k.e, with a man's natural instinct, wished him a hasty good-bye, and pa.s.sing his hand through my arm, turned away.

"I wish it had been possible to save the poor fellow from this delay, and especially from the degradation of being locked up in a jail," he exclaimed regretfully as we walked down the street.

"There is surely no degradation in being merely accused of a crime," I answered, without much conviction, however. "It may happen to the best of us; and he is still an innocent man in the eyes of the law."

"That, my dear Jervis, you know, as well as I do, to be mere casuistry," he rejoined. "The law professes to regard the unconvicted man as innocent; but how does it treat him? You heard how the magistrate addressed our friend; outside the court he would have called him Mr. Hornby. You know what will happen to Reuben at Holloway. He will be ordered about by warders, will have a number label fastened on to his coat, he will be locked in a cell with a spy-hole in the door, through which any pa.s.sing stranger may watch him; his food will be handed to him in a tin pan with a tin knife and spoon; and he will be periodically called out of his cell and driven round the exercise yard with a mob composed, for the most part, of the sweepings of the London slums. If he is acquitted, he will be turned loose without a suggestion of compensation or apology for these indignities or the losses he may have sustained through his detention."

"Still I suppose these evils are unavoidable," I said.

"That may or may not be," he retorted. "My point is that the presumption of innocence is a pure fiction; that the treatment of an accused man, from the moment of his arrest, is that of a criminal. However," he concluded, hailing a pa.s.sing hansom, "this discussion must be adjourned or I shall be late at the hospital. What are you going to do?"

"I shall get some lunch and then call on Miss Gibson to let her know the real position."

"Yes, that will be kind, I think; baldly stated, the news may seem rather alarming. I was tempted to thrash the case out in the police court, but it would not have been safe. He would almost certainly have been committed for trial after all, and then we should have shown our hand to the prosecution."

He sprang into the hansom and was speedily swallowed up in the traffic, while I turned back towards the police court to make certain inquiries concerning the regulations as to visitors at Holloway prison. At the door I met the friendly inspector from Scotland Yard, who gave me the necessary information, whereupon with a certain homely little French restaurant in my mind I bent my steps in the direction of Soho.

CHAPTER VII

SHOALS AND QUICKSANDS

When I arrived at Endsley Gardens, Miss Gibson was at home, and to my unspeakable relief, Mrs. Hornby was not. My veneration for that lady's moral qualities was excessive, but her conversation drove me to the verge of insanity-an insanity not entirely free from homicidal tendencies.

"It is good of you to come-though I thought you would," Miss Gibson said impulsively, as we shook hands. "You have been so sympathetic and human-both you and Dr. Thornd.y.k.e-so free from professional stiffness. My aunt went off to see Mr. Lawley directly we got Walter's telegram."

"I am sorry for her," I said (and was on the point of adding "and him," but fortunately a glimmer of sense restrained me); "she will find him dry enough."

"Yes; I dislike him extremely. Do you know that he had the impudence to advise Reuben to plead 'guilty'?"

"He told us he had done so, and got a well-deserved snubbing from Thornd.y.k.e for his pains."

"I am so glad," exclaimed Miss Gibson viciously. "But tell me what has happened. Walter simply said 'Transferred to higher court,' which we agreed was to mean, 'Committed for trial.' Has the defence failed? And where is Reuben?"

"The defence is reserved. Dr. Thornd.y.k.e considered it almost certain that the case would be sent for trial, and that being so, decided that it was essential to keep the prosecution in the dark as to the line of defence. You see, if the police knew what the defence was to be they could revise their own plans accordingly."

"I see that," said she dejectedly, "but I am dreadfully disappointed. I had hoped that Dr. Thornd.y.k.e would get the case dismissed. What has happened to Reuben?"

This was the question that I had dreaded, and now that I had to answer it I cleared my throat and bent my gaze nervously on the floor.

"The magistrate refused bail," I said after an uncomfortable pause.

"Well?"

"Consequently Reuben has been-er-detained in custody."

"You don't mean to say that they have sent him to prison?" she exclaimed breathlessly.

"Not as a convicted prisoner, you know. He is merely detained pending his trial."

"But in prison?"

"Yes," I was forced to admit; "in Holloway prison."

She looked me stonily in the face for some seconds, pale and wide-eyed, but silent; then, with a sudden catch in her breath, she turned away, and, grasping the edge of the mantel-shelf, laid her head upon her arm and burst into a pa.s.sion of sobbing.

Now I am not, in general, an emotional man, nor even especially impulsive; but neither am I a stock or a stone or an effigy of wood; which I most surely must have been if I could have looked without being deeply moved on the grief, so natural and unselfish, of this strong, brave, loyal-hearted woman. In effect, I moved to her side and, gently taking in mine the hand that hung down, murmured some incoherent words of consolation in a particularly husky voice.

Presently she recovered herself somewhat and softly withdrew her hand, as she turned towards me drying her eyes.

"You must forgive me for distressing you, as I fear I have," she said; "for you are so kind, and I feel that you are really my friend and Reuben's."

"I am indeed, dear Miss Gibson," I replied, "and so, I a.s.sure you, is my colleague."

"I am sure of it," she rejoined. "But I was so unprepared for this-I cannot say why, excepting that I trusted so entirely in Dr. Thornd.y.k.e-and it is so horrible and, above all, so dreadfully suggestive of what may happen. Up to now the whole thing has seemed like a nightmare-terrifying, but yet unreal. But now that he is actually in prison, it has suddenly become a dreadful reality and I am overwhelmed with terror. Oh! poor boy! What will become of him? For pity's sake, Dr. Jervis, tell me what is going to happen."

What could I do? I had heard Thornd.y.k.e's words of encouragement to Reuben and knew my colleague well enough to feel sure that he meant all he had said. Doubtless my proper course would have been to keep my own counsel and put Miss Gibson off with cautious ambiguities. But I could not; she was worthy of more confidence than that.

"You must not be unduly alarmed about the future," I said. "I have it from Dr. Thornd.y.k.e that he is convinced of Reuben's innocence, and is hopeful of being able to make it clear to the world. But I did not have this to repeat," I added, with a slight qualm of conscience.

"I know," she said softly, "and I thank you from my heart."

"And as to this present misfortune," I continued, "you must not let it distress you too much. Try to think of it as of a surgical operation, which is a dreadful thing in itself, but is accepted in lieu of something which is immeasurably more dreadful."

"I will try to do as you tell me," she answered meekly; "but it is so shocking to think of a cultivated gentleman like Reuben, herded with common thieves and murderers, and locked in a cage like some wild animal. Think of the ignominy and degradation!"

"There is no ignominy in being wrongfully accused," I said-a little guiltily, I must own, for Thornd.y.k.e's words came back to me with all their force. But regardless of this I went on: "An acquittal will restore him to his position with an unstained character, and nothing but the recollection of a pa.s.sing inconvenience to look back upon."

She gave her eyes a final wipe, and resolutely put away her handkerchief.