The learned counsel here related the manner in which Richard had been induced to change the larger note, and had become possessed of the smaller.
He then proceeded to observe, that the letters addressed to Mrs. Arlington and Mr. Monroe related to the fact that the prisoner's eyes had been suddenly opened to the characters of his associates, and to the career of dissipation in which they were leading him. The phrase upon which so much stress had been laid—"till at length yesterday——" alluded to the suicide of a young officer, which had taken place while the prisoner was at the gambling-house, whither he had been inveigled instead of inveigling others. "He could not have remained in London another minute with safety to himself." And why? because these associates whom he had accidently picked up, would not leave him quiet. They regularly beset him. "He was penitent;" and he hoped that Mr. Monroe would "defend and protect his reputation." Yes—when the newspaper reports conveyed to the knowledge of that gentleman the fact that his ward had been arrested in a common gambling-house, and fined for being there. The letters were written hurriedly, and were ambiguous: thus they were susceptible of more than one interpretation. Let the jury interpret them in favour of the prisoner. It was better to send a dozen guilty men back again into society, terrible as that evil would be, than to condemn one innocent person. Then, with regard to the precipitate departure: the witness Whittingham had shown, in his cross-examination, that the prisoner's object was to escape from the three men whose characters were suddenly unveiled to him. It was said, that the prisoner had requested those three individuals to accompany him to the gaming-house, and that they at first refused. Oh! amazing fastidiousness—especially on the part of Chichester, who had been compelled to decamp from Baden, for cheating at cards! Then it was stated that the prisoner asked for change for a fifty-pound note; and it was said, that he would have availed himself of that accommodation to pass a forged note. Why—he (the learned counsel) had already explained how that fifty-pound note came into the prisoner's possession—his own gold having been transferred by Mr. Chichester to Sir Rupert Harborough's writing-desk! The learned counsel concluded, by asking how it happened that no other forged Bank of England notes—no copper-plates to print them with—no materials for such a fraud, were found at the prisoner's house? Could it be supposed that a young man with his prospects would risk his reputation and his safety for a few hundreds of pounds? The idea was preposterous. The prisoner's counsel entered into a few minute points of the evidence which told in favour of his client, and wound up with a powerful appeal to the jury in his behalf.
Richard followed, with absorbing interest, the able defence made for him by his counsel; and his soul was filled with hope as each fact and argument in his favour was divested of all mystery, and lucidly exhibited to the consideration of the court.
Mr. Monroe was summoned to the witness box, and he proved the statements made by the prisoner's counsel relative to the pecuniary position of his ward. Snoggles, the ostler, followed, and very freely stated all the particulars of his late master's precipitate decampment from Baden.
Thus terminated the case for the defence.
The counsel of the prosecution—according to that odious right which gives the accusing party the last word in those instances where the defendant has called witnesses—rose to reply. He stated that neither the wealth nor the social position of an individual afforded a certain guarantee against crime. Besides, the law must not always be swayed by the apparent absence of motives; because some of the most extraordinary deeds of turpitude upon record had never been traced to a source which could satisfactorily account for their origin. The perpetration was the object which the jury had to keep in view; and the use of evidence was to prove or deny that perpetration by some particular individual. A forgery had been committed, and money obtained by the prisoner at the bar through the agency of that forgery. The defence had not attempted to deny that the prisoner was the individual who had thus obtained the money. The point to be considered was, whether the prisoner knew the note to be a forged one; and he (the learned counsel) considered that an assemblage of circumstances of a most unequivocal nature stamped the prisoner with that guilt. Mr. Chichester's evidence went to show that he himself never gave any notes to the prisoner. Even if Chichester were proved to be a disreputable person, there was nothing beyond the prisoner's mere assertion (made through his counsel) to prove that he had received the two notes from Chichester. Mr. Chichester had certainly assumed another name during his German tour, but it was for the purpose of avoiding arrest in a foreign land upon bills of exchange which might have been sent from England after him. He had, moreover, assumed the distinction of Honourable—a foolish vanity, but by no means a crime; for half the Englishmen who were called Captain, were no more captains than he (the learned counsel) was.
The senior judge now summoned up the evidence to the jury; and the most profound interest was still manifested by all present in the proceedings. The learned judge occupied nearly two hours in his charge to the jury, whom he put in possession of all the points of the case which it was necessary to consider.
The jury retired, and debated for a considerable time upon their verdict.
This was the dread interval of suspense. Richard's countenance was deadly pale; and his lips were firmly compressed in order to prevent any sudden ebullition of feeling—a weakness to which he seemed for a moment inclined to yield. Mr. Monroe did not entertain much hope; the summing up of the judge had been unfavourable to Markham. As for Whittingham, he shook his head dolefully from time to time, and murmured, loud enough to be heard by those near him, "Oh! Master Richard, Master Richard! who would ever have propulgated an opinion that you would have been brought into such a fixture as this? It's all along of them fellers which call butlers tulips!"