Orley Farm

by Anthony Trollope

"But if they say that I am guilty they will take me away."

"If so I will come to you,—in the morning if they will let me. But, mother, in any case I must leave this house to-morrow." Then again he gave her his hand, but he left her without touching her with his lips.

When the two ladies appeared in court together without Lucius Mason there was much question among the crowd as to the cause of his absence. Both Dockwrath and Joseph Mason looked at it in the right light, and accepted it as a ground for renewed hope. "He dare not face the verdict," said Dockwrath. And yet when they had left the court on the preceding evening, after listening to Mr. Furnival's speech, their hopes had not been very high. Dockwrath had not admitted with words that he feared defeat, but when Mason had gnashed his teeth as he walked up and down his room at Alston, and striking the table with his clenched fist had declared his fears, "By heavens they will escape me again!" Dockwrath had not been able to give him substantial comfort. "The jury are not such fools as to take all that for gospel," he had said. But he had not said it with that tone of assured conviction which he had always used till Mr. Furnival's speech had been made. There could have been no greater attestation to the power displayed by Mr. Furnival than Mr. Mason's countenance as he left the court on that evening. "I suppose it will cost me hundreds of pounds," he said to Dockwrath that evening. "Orley Farm will pay for it all," Dockwrath had answered; but his answer had shown no confidence. And, if we think well of it, Joseph Mason was deserving of pity. He wanted only what was his own; and that Orley Farm ought to be his own he had no smallest doubt. Mr. Furnival had not in the least shaken him; but he had made him feel that others would be shaken. "If it could only be left to the judge," thought Mr. Mason to himself. And then he began to consider whether this British palladium of an unanimous jury had not in it more of evil than of good.

Young Peregrine Orme again met his mother at the door of the court, and at her instance gave his arm to Lady Mason. Mr. Aram was also there; but Mr. Aram had great tact, and did not offer his arm to Mrs. Orme, contenting himself with making a way for her and walking beside her. "I am glad that her son has not come to-day," he said, not bringing his head suspiciously close to hers, but still speaking so that none but she might hear him. "He has done all the good that he could do, and as there is only the judge's charge to hear, the jury will not notice his absence. Of course we hope for the best, Mrs. Orme, but it is doubtful."

As Felix Graham took his place next to Chaffanbrass, the old lawyer scowled at him, turning his red old savage eyes first on him and then from him, growling the while, so that the whole court might notice it. The legal portion of the court did notice it and were much amused. "Good morning, Mr. Chaffanbrass," said Graham quite aloud as he took his seat; and then Chaffanbrass growled again. Considering the lights with which he had been lightened, there was a species of honesty about Mr. Chaffanbrass which certainly deserved praise. He was always true to the man whose money he had taken, and gave to his customer, with all the power at his command, that assistance which he had professed to sell. But we may give the same praise to the hired bravo who goes through with truth and courage the task which he has undertaken. I knew an assassin in Ireland who professed that during twelve years of practice in Tipperary he had never failed when he had once engaged himself. For truth and honesty to their customers—which are great virtues—I would bracket that man and Mr. Chaffanbrass together.

And then the judge commenced his charge, and as he went on with it he repeated all the evidence that was in any way of moment, pulling the details to pieces, and dividing that which bore upon the subject from that which did not. This he did with infinite talent and with a perspicuity beyond all praise. But to my thinking it was remarkable that he seemed to regard the witnesses as a dissecting surgeon may be supposed to regard the subjects on which he operates for the advancement of science. With exquisite care he displayed what each had said and how the special saying of one bore on that special saying of another. But he never spoke of them as though they had been live men and women who were themselves as much entitled to justice at his hands as either the prosecutor in this matter or she who was being prosecuted; who, indeed, if anything, were better entitled unless he could show that they were false and suborned; for unless they were suborned or false they were there doing a painful duty to the public, for which they were to receive no pay and from which they were to obtain no benefit. Of whom else in that court could so much be said? The judge there had his ermine and his canopy, his large salary and his seat of honour. And the lawyers had their wigs, and their own loud voices, and their places of precedence. The attorneys had their seats and their big tables, and the somewhat familiar respect of the tipstaves. The jury, though not much to be envied, were addressed with respect and flattery, had their honourable seats, and were invariably at least called gentlemen. But why should there be no seat of honour for the witnesses? To stand in a box, to be bawled after by the police, to be scowled at and scolded by the judge, to be browbeaten and accused falsely by the barristers, and then to be condemned as perjurers by the jury,—that is the fate of the one person who during the whole trial is perhaps entitled to the greatest respect, and is certainly entitled to the most public gratitude. Let the witness have a big arm-chair, and a canopy over him, and a man behind him with a red cloak to do him honour and keep the flies off; let him be gently invited to come forward from some inner room where he can sit before a fire. Then he will be able to speak out, making himself heard without scolding, and will perhaps be able to make a fair fight with the cocks who can crow so loudly on their own dunghills.

The judge in this case did his work with admirable skill, blowing aside the froth of Mr. Furnival's eloquence, and upsetting the sophistry and false deductions of Mr. Chaffanbrass. The case for the jury, as he said, hung altogether upon the evidence of Kenneby and the woman Bolster. As far as he could see, the evidence of Dockwrath had little to do with it; and alleged malice and greed on the part of Dockwrath could have nothing to do with it. The jury might take it as proved that Lady Mason at the former trial had sworn that she had been present when her husband signed the codicil and had seen the different signatures affixed to it. They might also take it as proved, that that other deed,—the deed purporting to close a partnership between Sir Joseph Mason and Mr. Martock,—had been executed on the 14th of July, and that it had been signed by Sir Joseph, and also by those two surviving witnesses, Kenneby and Bolster. The question, therefore, for the consideration of the jury had narrowed itself to this: had two deeds been executed by Sir Joseph Mason, both bearing the same date? If this had not been done, and if that deed with reference to the partnership were a true deed, then must the other be false and fraudulent; and if false and fraudulent, then must Lady Mason have sworn falsely, and been guilty of that perjury with which she was now charged. There might, perhaps, be one loophole to this argument by which an escape was possible. Though both deeds bore the date of 14th July, there might have been error in this. It was possible, though no doubt singular, that that date should have been inserted in the partnership deed, and the deed itself be executed afterwards. But then the woman Bolster told them that she had been called to act as witness but once in her life, and if they believed her in that statement, the possibility of error as to the date would be of little or no avail on behalf of Lady Mason. For himself, he could not say that adequate ground had been shown for charging Bolster with swearing falsely. No doubt she had been obstinate in her method of giving her testimony, but that might have arisen from an honest resolution on her part not to allow herself to be shaken. The value of her testimony must, however, be judged by the jury themselves. As regarded Kenneby, he must say that the man had been very stupid. No one who had heard him would accuse him for a moment of having intended to swear falsely, but the jury might perhaps think that the testimony of such a man could not be taken as having much value with reference to circumstances which happened more than twenty years since.

The charge took over two hours, but the substance of it has been stated. Then the jury retired to consider their verdict, and the judge, and the barristers, and some other jury proceeded to the business of some other and less important trial. Lady Mason and Mrs. Orme sat for a while in their seats—perhaps for a space of twenty minutes—and then, as the jury did not at once return into court, they retired to the sitting-room in which they had first been placed. Here Mr. Aram accompanied them, and here they were of course met by Peregrine Orme.

"His lordship's charge was very good—very good, indeed," said Mr. Aram.

"Was it?" asked Peregrine.