"It shows the danger of circumstantial evidence,—and yet without it one never could get at any murder. I'm very glad, you know, that the key and the stick did turn up. I never thought much about the coat."
CHAPTER LXVII.
THE VERDICT.
On the Wednesday morning Phineas Finn was again brought into the Court, and again placed in the dock. There was a general feeling that he should not again have been so disgraced; but he was still a prisoner under a charge of murder, and it was explained to him that the circumstances of the case and the stringency of the law did not admit of his being seated elsewhere during his trial. He treated the apology with courteous scorn. He should not have chosen, he said, to have made any change till after the trial was over, even had any change been permitted. When he was brought up the steps into the dock after the judges had taken their seats there was almost a shout of applause. The crier was very angry, and gave it to be understood that everybody would be arrested unless everybody was silent; but the Chief Justice said not a word, nor did those great men the Attorney and Solicitor-General express any displeasure. The bench was again crowded with Members of Parliament from both Houses, and on this occasion Mr. Gresham himself had accompanied Lord Cantrip. The two Dukes were there, and men no bigger than Laurence Fitzgibbon were forced to subject themselves to the benevolence of the Under-Sheriff.
Phineas himself was pale and haggard. It was observed that he leaned forward on the rail of the dock all the day, not standing upright as he had done before; and they who watched him closely said that he never once raised his eyes on this day to meet those of the men opposite to him on the bench, although heretofore throughout the trial he had stood with his face raised so as to look directly at those who were there seated. On this occasion he kept his eyes fixed upon the speaker. But the whole bearing of the man, his gestures, his gait, and his countenance were changed. During the first long week of his trial, his uprightness, the manly beauty of his countenance, and the general courage and tranquillity of his deportment had been conspicuous. Whatever had been his fatigue, he had managed not to show the outward signs of weariness. Whatever had been his fears, no mark of fear had disfigured his countenance. He had never once condescended to the exhibition of any outward show of effrontery. Through six weary days he had stood there, supported by a manhood sufficient for the terrible emergency. But now it seemed that at any rate the outward grace of his demeanour had deserted him. But it was known that he had been ill during the last few days, and it had been whispered through the Court that he had not slept at nights. Since the adjournment of the Court there had been bulletins as to his health, and everybody knew that the confinement was beginning to tell upon him.
On the present occasion the proceedings of the day were opened by the Attorney-General, who began by apologising to the jury. Apologies to the jury had been very frequent during the trial, and each apology had called forth fresh grumbling. On this occasion the foreman expressed a hope that the Legislature would consider the condition of things which made it possible that twelve gentlemen all concerned extensively in business should be confined for fourteen days because a mistake had been made in the evidence as to a murder. Then the Chief Justice, bowing down his head and looking at them over the rim of his spectacles with an expression of wisdom that almost convinced them, told them that he was aware of no mistake in the evidence. It might become their duty, on the evidence which they had heard and the further evidence which they would hear, to acquit the prisoner at the bar; but not on that account would there have been any mistake or erroneous procedure in the Court, other than such error on the part of the prosecution in regard to the alleged guilt of the prisoner as it was the general and special duty of jurors to remedy. Then he endeavoured to reconcile them to their sacrifice by describing the importance and glorious British nature of their position. "My lord," said one of the jurors, "if you was a salesman, and hadn't got no partner, only a very young 'un, you'd know what it was to be kept out of your business for a fortnight." Then that salesman wagged his head, and put his handkerchief up to his eyes, and there was pity also for him in the Court.
After that the Attorney-General went on. His learned friend on the other side,—and he nodded to Mr. Chaffanbrass,—had got some further evidence to submit to them on behalf of the prisoner who was still on his trial before them. He now addressed them with the view of explaining to them that if that evidence should be such as he believed, it would become his duty on behalf of the Crown to join with his learned friend in requesting the Court to direct the jury to acquit the prisoner. Not the less on that account would it be the duty of the jury to form their own opinion as to the credibility of the fresh evidence which would be brought before them.
"There won't be much doubt about the credibility," said Mr. Chaffanbrass, rising in his place. "I am not a bit afraid about the credibility, gentlemen; and I don't think that you need be afraid either. You must understand, gentlemen, that I am now going on calling evidence for the defence. My last witness was the Right Honourable Mr. Monk, who spoke as to character. My next will be a Bohemian blacksmith named Praska,—Peter Praska,—who naturally can't speak a word of English, and unfortunately can't speak a word of German either. But we have got an interpreter, and I daresay we shall find out without much delay what Peter Praska has to tell us." Then Peter Praska was handed up to the rostrum for the witnesses, and the man learned in Czech and also in English was placed close to him, and sworn to give a true interpretation.
Mealyus the unfortunate one was also in Court, brought in between two policemen, and the Bohemian blacksmith swore that he had made a certain key on the instructions of the man he now saw. The reader need not be further troubled with all the details of the evidence about the key. It was clearly proved that in a village near to Prague a key had been made such as would open Mr. Meager's door in Northumberland Street, and it was also proved that it was made from a mould supplied by Mealyus. This was done by the joint evidence of Mr. Meager and of the blacksmith. "And if I lose my key," said the reverend gentleman, "why should I not have another made? Did I ever deny it? This, I think, is very strange." But Mr. Emilius was very quickly walked back out of the Court between the two policemen, as his presence would not be required in regard to the further evidence regarding the bludgeon.