The judge, who had been from the first attracted by the air and aspect of the prisoner, had perhaps, notwithstanding the hardness of his mind, more approvingly than any one present listened to the defence; for in the scorn of the hollow institutions and the mock honesty of social life, so defyingly manifested by the prisoner, Brandon recognized elements of mind remarkably congenial to his own; and this sympathy was heightened by the hardihood of physical nerve and moral intrepidity displayed by the prisoner,—qualities which among men of a similar mould often form the strongest motive of esteem, and sometimes (as we read of in the Imperial Corsican and his chiefs) the only point of attraction! Brandon was, however, soon recalled to his cold self by a murmur of vague applause circling throughout the common crowd, among whom the general impulse always manifests itself first, and to whom the opinions of the prisoner, though but imperfectly understood, came more immediately home than they did to the better and richer classes of the audience. Ever alive to the decorums of form, Brandon instantly ordered silence in the court; and when it was again restored, and it was fully understood that the prisoner's defence had closed, the judge proceeded to sum up.
It is worthy of remark that many of the qualities of mind which seem most unamiable in private life often conduce with a singular felicity to the ends of public; and thus the stony firmness characteristic of Brandon was a main cause which made him admirable as a judge,—for men in office err no less from their feelings than their interests.
Glancing over his notes, the judge inclined himself to the jury, and began with that silver ringing voice which particularly distinguished Brandon's eloquence, and carried with it in high stations so majestic and candid a tone of persuasion. He pointed out, with a clear brevity, the various points of the evidence; he dwelt for a moment on the attempt to cast disrepute upon the testimony of MacGrawler, but called a proper attention to the fact that the attempt had been unsupported by witnesses or proof. As he proceeded, the impression made by the prisoner on the minds of the jury slowly melted away; and perhaps, so much do men soften when they behold clearly the face of a fellow-man dependent on them for life, it acted disadvantageously on the interests of Clifford, that during the summing up he leaned back in the dock, and prevented his countenance from being seen. When the evidence had been gone through, the judge concluded thus:—
“The prisoner, who in his defence (on the principles and opinions of which I now forbear to comment) certainly exhibited the signs of a superior education, and a high though perverted ability, has alluded to the reports circulated by the public Press, and leaned some little stress on the various anecdotes tending to his advantage, which he supposes have reached your ears. I am by no means willing that the prisoner should be deprived of whatever benefit may be derivable from such a source; but it is not in this place, nor at this moment, that it can avail him. All you have to consider is the evidence before you. All on which you have to decide is, whether the prisoner be or be not guilty of the robbery of which he is charged. You must not waste a thought on what redeems or heightens a supposed crime,—you must only decide on the crime itself. Put away from your minds, I beseech you, all that interferes with the main case. Put away also from your motives of decision all forethought of other possible indictments to which the prisoner has alluded, but with which you are necessarily unacquainted. If you doubt the evidence, whether of one witness or of all, the prisoner must receive from you the benefit of that doubt. If not, you are sworn to a solemn oath, which ordains you to forego all minor considerations,—which compels you to watch narrowly that you be not influenced by the infirmities natural to us all, but criminal in you, to lean towards the side of a mercy that would be rendered by your oath a perjury to God, and by your duty as impartial citizens a treason to your country. I dismiss you to the grave consideration of the important case you have heard; and I trust that He to whom all hearts are open and all secrets are known, will grant you the temper and the judgment to form a right decision!”
There was in the majestic aspect and thrilling voice of Brandon something which made the commonest form of words solemn and impressive; and the hypocrite, aware of this felicity of manner, generally, as now, added weight to his concluding words by a religious allusion or a Scriptural phraseology. He ceased; and the jury, recovering the effect of his adjuration, consulted for a moment among themselves. The foreman then, addressing the court on behalf of his fellow-jurors, requested leave to retire for deliberation. An attendant bailiff being sworn in, we read in the journals of the day, which noted the divisions of time with that customary scrupulosity rendered terrible by the reflection how soon all time and seasons may perish for the hero of the scene, that “it was at twenty-five minutes to two that the jury withdrew.”
Perhaps in the whole course of a criminal trial there is no period more awful than that occupied by the deliberation of the jury. In the present case the prisoner, as if acutely sensible of his situation, remained in the rear of the dock, and buried his face in his hands. They who stood near him observed, however, that his breast did not seem to swell with the convulsive emotion customary to persons in his state, and that not even a sigh or agitated movement escaped him. The jury had been absent about twenty minutes, when a confused noise was heard in the court. The face of the judge turned in commanding severity towards the quarter whence it proceeded. He perceived a man of a coarse garb and mean appearance endeavouring rudely and violently to push his way through the crowd towards the bench, and at the same instant he saw one of the officers of the court approaching the disturber of its tranquillity with no friendly intent. The man, aware of the purpose of the constable, exclaimed with great vehemence, “I vill give this to my lord the judge, blow me if I von't!” and as he spoke he raised high above his head a soiled scrap of paper folded awkwardly in the shape of a letter. The instant Brandon's eye caught the rugged features of the intrusive stranger, he motioned with rather less than his usual slowness of gesture to one of his official satellites. “Bring me that paper instantly!” he whispered.
The officer bowed and obeyed. The man, who seemed a little intoxicated, gave it with a look of ludicrous triumph and self-importance.
“Stand avay, man!” he added to the constable, who now laid hand on his collar. “You'll see vot the judge says to that 'ere bit of paper; and so vill the prisoner, poor fellow!”
This scene, so unworthy the dignity of the court, attracted the notice and (immediately around the intruder) the merriment of the crowd; and many an eye was directed towards Brandon, as with calm gravity he opened the note and glanced over the contents. In a large school-boy hand-it was the hand of Long Ned—were written these few words:
MY LORD JUDGE,—I make bold to beg you will do all you can for the
prisoner at the barre, as he is no other than the “Paul” I spoke to
your Worship about. You know what I mean.
DUMMIE DUNNAKER.