jury were swearing in; and that Mr. Attorney-General was making ready to speak.
The accused, who was (and who knew he was) being mentally hanged, beheaded, and quartered, by everybody there, neither flinched from the situation, nor assumed any theatrical air in it. He was quiet and attentive; watched the opening proceedings with a grave interest; and stood with his hands resting on the slab of wood before him, so composedly, that they had not displaced a leaf of the herbs with which it was strewn. The court was all bestrewn with herbs and sprinkled with vinegar, as a precaution against jail air and jail fever.
Over the prisoner’s head there was a mirror, to throw the light down upon him. Crowds of the wicked and the wretched had been reflected in it, and had passed from its surface and this earth’s together. Haunted in a most ghastly manner that abominable place would have been, if the glass could ever have rendered back its reflections, as the ocean is one day to give up its dead. Some passing thought of the infamy and disgrace for which it had been reserved, may have struck the prisoner’s mind. Be that as it may, a change in his position making him conscious of a bar of light across his face, he looked up; and when he saw the glass his face flushed, and his right hand pushed the herbs away.
It happened that the action turned his face to that side of the court which was on his left. About on a level with his eyes, there sat, in that corner of the judge’s bench, two persons upon whom his look immediately rested; so immediately, and so much to the changing of his aspect, that all the eyes that were turned upon him, turned to them.
The spectators saw in the two figures, a young lady of little more than twenty, and a gentleman who was evidently her father; a man of a very remarkable appearance in respect of the absolute whiteness of his hair, and a certain indescribable intensity of face: not of an active kind, but pondering and self communing. When this expression was upon him, he looked as if he were old; but when it was stirred and broken up—as it was now, in a moment, on his speaking to his daughter—he became a handsome man, not past the prime of life.
His daughter had one of her hands drawn through his arm, as she sat by him, and the other pressed upon it. She had drawn close to him, in her dread of the scene, and in her pity for the prisoner. Her forehead had been strikingly expressive of an engrossing terror and compassion that saw nothing but the peril of the accused. This had been so very noticeable, so very powerfully and naturally shown, that starers who had had no pity for him were touched by her; and the whisper went about, “Who are they?”
Jerry the messenger, who had made his own observations in his own manner, and who had been sucking the rust off his fingers in his absorption, stretched his neck to hear who they were. The crowd about him had pressed and passed the inquiry on to the nearest attendant, and from him it had been more slowly pressed and passed back; at last it got to Jerry—
“Witnesses.”
“For which side?”
“Against.”
“Against what side?”
“The prisoner’s.”
The judge, whose eyes had gone in the general direction, recalled them, leaned back in his seat, and looked steadily at the man whose life was in his hand, as Mr. Attorney-General rose to spin the rope, grind the axe, and hammer the nails into the scaffold.
Mr. Attorney-General had to inform the jury, that the prisoner before them, though young in years, was old in the treasonable practices which claimed the forfeit of his life. That this correspondence with the public enemy was not a correspondence of to-day, or of yesterday, or even of last year, or of the year before. That, it was certain the prisoner had, for longer than that, been in the habit of passing and repassing between France and England, on secret business of which he could give no honest account. That, if it were in the nature of traitorous ways to thrive (which, happily, it never was), the real wickedness and guilt of his business might have remained undiscovered. That, Providence, however, had put it into the heart of a person who was beyond fear and beyond reproach, to ferret out the nature of the prisoner’s schemes, and, struck with horror, to disclose them to his Majesty’s Chief Secretary of State and most honourable Privy Council. That, this patriot would be produced before them. That, his position and attitude were, on the whole, sublime. That, he had been the prisoner’s friend, but, at once, in an auspicious and an evil hour detecting his infamy, had resolved to immolate the traitor he could no longer cherish in his bosom, on the sacred altar of his country. That, if statues were decreed in Britain, as in ancient Greece and Rome, to public benefactors, this shining citizen would assuredly have had one. That, as they were not so decreed, he probably would not have one. That, virtue, as had been observed by the poets (in many passages which he well knew the jury would have, word for word, at the tips of their tongues—whereat the jury’s countenances displayed a guilty consciousness that they knew nothing about the passages), was in a manner contagious; more especially the bright virtue known as patriotism, or love of country. That, the lofty example of this immaculate and unimpeachable witness for the Crown, to r efer to whom however unworthily was an honour, had communicated itself to the prisoner’s servant, and had engendered in him a holy determination to examine his master’s table-drawers and pockets, and secrete his papers. That he (Mr. Attorney-General) was prepared to hear some disparagement attempted of this admirable servant; but that, in a general way, he preferred him to his (Mr. Attorney-General’s) brothers and sisters, and honoured him more than his (Mr. Attorney-General’s) father and mother. That, he called with confidence on the jury to come and do likewise. That, the evidence of these two witnesses, coupled with the documents of their discovering that would be produced, would show the prisoner to have been furnished with lists of his Majesty’s forces, and of their disposition and preparation, both by sea and land, and would leave no doubt that he had habitually conveyed such information to a hostile power. That, these lists could not be proved to be in the prisoner’s handwriting; but that it was all the same; that, indeed, it was rather the better for the prosecution, as showing the prisoner to be artful in his precautions. That, the proof would go back five years, and would show the prisoner already engaged in these pernicious missions, within a few weeks before the date of the very first action fought between the British troops and the Americans. That, for these reasons, the jury, being a loyal jury (as he knew they were), and being a responsible jury (as they knew they were), must positively find the prisoner Guilty, and make an end of him, whether they liked it or not. That, they never could lay their heads upon their pillows; that, they never could tolerate the idea of their wives laying their heads upon their pillows; that, they never could endure the notion of their children laying their heads upon their pillows; in short, that there never more could be, for them or theirs, any laying of heads upon pillows at all, unless the prisoner’s head was taken off. That head Mr. Attorney-General concluded by demanding of them, in the name of everything he could think of with a round turn in it, and on the faith of his solemn asseveration that he already considered the prisoner as good as dead and gone.
When the Attorney-General ceased, a buzz arose in the court as if a cloud of great blue-flies were swarming about the prisoner, in anticipation of what he was soon to become. When it toned down again, the unimpeachable patriot appeared in the witness-box.
Mr. Solicitor-General then, following his leader’s lead, examined the patriot: John Barsad, gentleman, by name. The story of his pure soul was exactly what Mr. Attorney-General had described it to be—perhaps, if it had a fault, a little too exactly. Having released his noble bosom of its burden, he would have modestly withdrawn himself, but that the wigged gentleman with the papers before him, sitting not far from Mr. Lorry, begged to ask him a few questions. The wigged gentleman sitting opposite, still looked at the ceiling of the court.
Had he ever been a spy
