jury said. What did the judge say when he summed up?"—"Bother the judge! He said what they all say: ‘Find the prisoner guilty, if you think he did it; and find him not guilty, if you think he didn’t.’ And then he went away to his comfortable cup of tea in his private room. And here are we perishing of hunger, and our families dining without us."—"Speak for yourself, sir, I haven’t got a family."—"Consider yourself lucky, sir; I have got twelve, and my life is a burden to me, owing to the difficulty of making both ends meet."—"Gentlemen! gentlemen! we are wandering again. Is the captain guilty or not? Mr. Foreman, we none of us intended to offend you. Will you tell us what you think?”
No; the foreman kept his word. “Decide for yourselves first,” was his only reply.
In this emergency, the member afflicted with fidgets suddenly assumed a position of importance. He started a new idea.
“Suppose we try a show of hands,” he suggested. “Gentlemen who find the prisoner guilty will please hold up their hands.”
Three votes were at once registered in this way, including the vote of the foreman. After a moment of doubt, the chorus of five decided on following the opinion which happened to be the first opinion expressed in point of time. Thereupon, the show of hands for the condemnation of the prisoner rose to eight. Would this result have an effect on the undecided minority of four? In any case, they were invited to declare themselves next. Only three hands were held up. One incomprehensible man abstained from expressing his sentiments even by a sign. Is it necessary to say who that man was? A mysterious change had now presented itself in his appearance, which made him an object of greater interest than ever. His inexplicable smile had vanished. He sat immovable, with closed eyes. Was he meditating profoundly? or was he only asleep? The quick-witted foreman had long since suspected him of being simply the stupidest person present—with just cunning enough to conceal his own dullness by holding his tongue. The jury arrived at no such sensible conclusion. Impressed by the intense solemnity of his countenance, they believed him to be absorbed in reflections of the utmost importance to the verdict. After a heated conference among themselves, they decided on inviting the one independent member present—the member who had taken no part in their proceedings—to declare his opinion in the plainest possible form. “Which way does your view of the verdict incline, sir? Guilty or not guilty?”
The eyes of the silent juryman opened with the slow and solemn dilation of the eyes of an owl. Placed between the alternatives of declaring himself in one word or in two, his taciturn wisdom chose the shortest form of speech. “Guilty,” he answered—and shut his eyes again, as if he had had enough of it already.
An unutterable sense of relief pervaded the meeting. Enmities were forgotten and friendly looks were exchanged. With one accord, the jury rose to return to court. The prisoner’s fate was sealed. The verdict was Guilty.
2.—The Sentence.
The low hum of talk among the persons in court ceased when the jury returned to their places. Curiosity now found its center of attraction in the prisoner’s wife—who had been present throughout the trial. The question of the moment was: How will she bear the interval of delay which precedes the giving of the verdict?
In the popular phrase, Mrs. Westerfield was a showy woman. Her commanding figure was finely robed in dark colors; her profuse light hair hung over her forehead in little clusters of ringlets; her features, firmly but not delicately shaped, were on a large scale. No outward betrayal of the wife’s emotion rewarded the public curiosity: her bold light-gray eyes sustained the general gaze without flinching. To the surprise of the women present, she had brought her two young children with her to the trial. The eldest was a pretty little girl of ten years old; the second child (a boy) sat on his mother’s knee. It was generally observed that Mrs. Westerfield took no notice of her eldest child. When she whispered a word from time to time, it was always addressed to her son. She fondled him when he grew restless; but she never looked round to see if the girl at her side was as weary of the proceedings as the boy.
The judge took his seat, and the order was given to bring the prisoner up for judgment.
There was a long pause. The audience—remembering his ghastly face when he first appeared before them—whispered to each other, “He’s taken ill”; and the audience proved to be right.
The surgeon of the prison entered the witness-box, and, being duly sworn, made his medical statement.
The prisoner’s heart had been diseased for some time past, and the malady had been neglected. He had fainted under the prolonged suspense of waiting for the verdict. The swoon had proved to be of such a serious nature that the witness refused to answer for consequences if a second fainting-fit was produced by the excitement of facing the court and the jury.
Under these circumstances, the verdict was formally recorded, and sentence was deferred. Once more, the spectators looked at the prisoner’s wife.
She had risen to leave the court. In the event of an adverse verdict, her husband had asked for a farewell interview; and the governor of the prison, after consultation with the surgeon, had granted the request. It was observed, when she retired, that she held her boy by the hand, and left the girl to follow. A compassionate lady near her offered to take care of the children while she was absent. Mrs. Westerfield answered quietly and coldly: “Thank you—their father wishes to see them.”
The prisoner was dying; nobody could look at him and doubt it.
His eyes opened wearily, when his wife and children approached the bed on which he lay helpless—the wreck of a grandly-made man. He struggled for breath, but he could still speak a word or two at a time. “I don’t ask you what the verdict is,” he said to his wife; “I see it in your face.”
Tearless and silent, she waited by her husband’s side. He had only noticed her for a moment. All his interest seemed to be centered in his children. The girl stood nearest to him, he looked at her with a faint smile.
The poor child understood him. Crying piteously, she put her arms around his neck and kissed him. “Dear papa,” she said; “come home and let me nurse you.”
The surgeon, watching the father’s face, saw a change in him which the other persons present had not observed. The failing heart felt that parting moment, and sank under it. “Take the child away,” the surgeon whispered to the mother. Brandy was near him; he administered it while he spoke, and touched the fluttering pulse. It felt, just felt, the stimulant. He revived for a moment, and looked wistfully for his son. “The boy,” he murmured; “I want my boy.” As his wife brought the child to him, the surgeon whispered to her again. “If you have anything to say to him be quick about it!” She shuddered; she took his cold hand. Her touch seemed to nerve him with new strength; he asked her to stoop over him. “They won’t let me write here,” he whispered, “unless they see my letter.” He paused to get his breath again. “Lift up my left arm,” he gasped. “Open the wrist-band.”
She detached the stud which closed the wrist-band of the shirt. On the inner side of the linen there was a line written in red letters—red of the color of blood. She saw these words: Look in the lining of my trunk.
“What for?” she asked.
The fading light in his eyes flashed on her a dreadful look of doubt. His lips fell apart in the vain effort to answer. His last sigh fluttered the light ringlets of her hair as she bent over him.
The surgeon pointed to her children. “Take the poor things home,” he said; “they have seen the last of their father.”
Mrs. Westerfield obeyed
