“What means this?” said the judge, in a voice of anger. “Who is it that dares to interfere with the administration of justice here?”
“A witness,—a witness, my lord,” called out several voices from the passage of the court; while a crowd pushed violently forward, and came struggling onwards till the leading figures were pressed over the inner bar.
Again the judge repeated his question, while he made a signal for the officer of the court to approach him.
“'Tis me, my lord,” shouted a deep-toned voice from the middle of the crowd. “Your lordship was asking for Darby M'Keown, and it isn't himself's ashamed of the name!”
A perfect yell of approval broke from the ragged mob, which now filled every avenue and passage of the court, and even jammed up the stairs and the entrance halls. And now, raised upon the shoulders of the crowd, Darby appeared, borne aloft in triumph; his broad and daring face, bronzed with sun and weather, glowed with a look of reckless effrontery, which no awe of the court nor any fear for himself was able to repress.
Of my own sensations while this scene was enacting I need not speak; and as I gazed at the weather-beaten features of the hardy piper, it demanded every effort of my reason to believe in the testimony of my eyesight. Had he come back from death itself the surprise would scarcely have been greater. Meanwhile the tumult was allayed; and the lawyers on either side—for, now that a glimmer of hope appeared, my advocate had entered with spirit on his duties—were discussing the admissibility of evidence at the present stage of the proceedings. This point being speedily established in my favor, another and a graver question arose: how far the testimony of a convicted felon—for such the lawyer at once called Darby—could be received as evidence.
Cases were quoted and authorities shown to prove that such cannot be heard as witnesses,—that they are among those whom the law pronounces infamous and unworthy of credit; and while the lawyer continued to pour forth on this topic a perfect ocean of arguments, he was interrupted by the court, who affirmed the opinion, and concurred in his view of the case.
“It only remains, then, my lord,” said my counsel, “for the Crown to establish the identity of the individual—”
“Nothing easier,” interposed the other.
“I beg pardon; I was about to add,—and produce the record of his conviction.”