On the first count, the Crown was weak, and had to encounter the evidence of Undercliff, the distinguished expert, who swore that the hand which wrote "Robert Penfold" was not, in his opinion, the hand that had written the body of the instrument. He gave many minute reasons in support of this. And nothing of any weight was advanced contra. The judge directed the jury to acquit the prisoner on that count.
But, on the charge of uttering, the evidence was clear, and on the question of knowledge it was, perhaps, a disadvantage to the prisoner that he was tried in England, and could not be heard in person, as he could have been in a foreign court; above all, his resistance to the officers eked out the presumption that he knew the note had been forged by some person or other, who was probably his accomplice.
The absence of his witness, Wardlaw junior, was severely commented on by his counsel; indeed, he appealed to the judge to commit the said Wardlaw for contempt of court. But Wardlaw senior was recalled, and swore that he had left his son in a burning fever, not expected to live. And declared, with genuine emotion, that nothing but a high sense of public duty had brought him hither from his dying son's bedside. He also told the court that Arthur's inability to clear his friend had really been the first cause of his illness, from which he was not expected to recover.
The jury consulted together a long time; and, at last, brought in a verdict of "GUILTY"; but recommended him to mercy on grounds which might fairly have been alleged in favor of his innocence; but, if guilty, rather aggravated his crime.
Then an officer of the court inquired, in a sort of chant or recitative, whether the prisoner had anything to say why judgment should not be given in accordance with the verdict.
It is easy to divest words of their meaning by false intonation; and prisoners in general receive this bit of singsong in dead silence. For why? the chant conveys no idea to their ears, and they would as soon think of replying to the notes of a cuckoo.
But the Reverend Robert Penfold was in a keen agony that sharpened all his senses; he caught the sense of the words in spite of the speaker, and clung wildly to the straw that monotonous machine held out. "My lord! my lord!" he cried, "I'll tell you the real reason why young Wardlaw is not here."
The judge put up his hand with a gesture that enforced silence. "Prisoner," said he, "I cannot go back to facts; the jury have dealt with them. Judgment can be arrested only on grounds of law. On these you can be heard. But, if you have none to offer, you must be silent and submit to your sentence." He then, without a pause, proceeded to point out the heinous character of the offense, but admitted there was one mitigating circumstance; and, in conclusion, he condemned the culprit to five years' penal servitude.
At this the poor wretch uttered a cry of anguish that was fearful, and clutched the dock convulsively.
Now a prisoner rarely speaks to a judge without revolting him by bad law, or bad logic, or hot words. But this wild cry was innocent of all these, and went straight from the heart in the dock to the heart on the judgment seat. And so his lordship's voice trembled for a moment, and then became firm again, but solemn and humane.