But yet the Secretary doubted. In that unspoken but heartfelt accusation of cowardice which the judge had made against the great officer of State there had been some truth. How would it be if it should be made to appear at the approaching trial that the two reprobates, who had turned Queen's evidence against their associates, were to break down altogether in their assertions? It might possibly then become quite apparent that Caldigate had married the woman, and had committed bigamy, when he would already have been pardoned for the last three months! The pardon in that case would not do away with the verdict,—and the pardoned man would be a convicted bigamist. What, then, would be the condition of his wife and child? If subsequent question should arise as to the boy's legitimacy, as might so probably be the case, in what light would he appear, he who had taken upon himself, on his own responsibility, to extort from her Majesty a pardon in opposition to a righteous and just verdict,—in opposition to the judge who had tried the case? He had been angry with Judge Bramber for not deciding, and was now frightened at the necessity of deciding himself.
In this emergency he sent for the gentleman who had managed the prosecution on the part of the Crown, and asked him to read up the case again, 'I never was convinced of the prisoner's guilt,' said the barrister.
'No!'
'It was one of those cases in which we cannot be convinced. The strongest point against him was the payment of the money. It is possible that he paid it from a Quixotic feeling of honour.'
'To false witnesses, and that before the trial!' said the Secretary.
'And there may have been a hope that, in spite of what he said himself as to their staying, they would take themselves off when they had got the money. In that way he may have persuaded himself that, as an honest man, he ought to make the payment. Then as to the witnesses, there can be little doubt that they were willing to lie. Even if their main story were true, they were lying as to details.'
'Then you would advise a pardon?'
'I think so,' said the barrister, who was not responsible for his advice.
'Without waiting for the other trial?'
'If the perjury be then proved,—or even so nearly proved as to satisfy the outside world,—the man's detention will be thought to have been a hardship.' The Secretary of State thanked the barrister and let him go. He then went down to the House, and amidst the turmoil of a strong party conflict at last made up his mind. It was unjust that such responsibility should be thrown upon any one person. There ought to be some Court of Appeal for such cases. He was sure of that now. But at last he made up his mind. Early on the next morning the Queen should be advised to allow John Caldigate to go free.