After considerable wrangling, it was decided to deny that the Directory had carried out their portion of the agreement. Government was to have been let in to the secrets of the society. The paper which was drawn up was no better than a panegyric of sedition. A piece of hair-splitting this, for which the chancellor took to himself much credit. So the state-trials droned along, while the vagaries of drumhead justice kept the world awake. Several of those at Kilmainham were condemned, despite the compact, and suffered; the rest, giving up all for lost, cared little now what was to be their destiny.
Lord Clare made a great effort on behalf of Terence, but received no encouragement, either from the Viceroy or the English premier. Both said that it would never do to make an exception in favour of one whose sins were the more scarlet on account of his position in society. He must take his trial like the rest. There was no help for it. If his friends could manipulate the jury, that was their own affair.
The chancellor looked grave, for, adept though he was in manipulating juries, he knew of a foe of Terence's who would do what he could to ruin him; and he was more and more mystified at the behaviour of the young man's family. Neither my lady nor Lord Glandore seemed to realise the position of affairs. Would they calmly endure while one of their noble name was being strung up as a felon? It seemed so. The young lord was a brilliant specimen of the Irish House of Peers. But surely he would not carry his slavish complaisance so far as to sacrifice his only brother to the English dragon? Lord Clare did not know what to make of it. His own influence was terribly on the wane. He went to see Terence at the provost, and found Curran there, who eyed him with undisguised impertinence, and gibed about gingerbread-nuts. But the chancellor kept his temper this time. He was no longer the all-powerful despot. A new Herod had arisen, who did not choose to recognise Joseph. He found himself thwarted by his new master at every turn. Fortune is a cruel jade! The owner of the golden coach found himself compelled to lower himself to petty plotting like ordinary men. He suggested to Curran that it would be well to push on Councillor Crosbie's trial with all speed. The little lawyer, instead of meeting him half-way, answered bluntly that the young man's wound was not healed; that the vultures were strangely impatient to devour his flesh; that, though the young patrician's life was by no means merry, he would be no party to shortening it.
Lord Clare grew impatient, and retorted with hauteur:
'You can have naught to do with fixing the date of trial. I was merely asking your opinion.'
And Curran, with suspicious looks, inquired the reason of his impatience. That there was a reason was evident. Would the other show his hand? No. The other held his peace, and, sighing fretfully, departed.
Events must shape themselves as Fortune chose to dictate. He could not humiliate himself before his enemy by stating what he knew of Cassidy, and explaining the wisdom of settling the young man's case during the absence from Dublin of that person. So Curran, unaware of pitfalls dug by jealousy, returned sadly to the cell where Terence lay tossing in his fever, almost wishing that the wound might prove mortal.
Always fond of him, by reason of his genial nature, the little advocate had been drawn very close to Terence by events. Their mutual friends were perishing around them; Terence himself was grievously compromised. Now he was to be tried for his life. With what result? Alas, there could be little doubt. Weak men, who while success was probable might be trusted to cling together, were anxious now to save themselves by making a clean breast of all they knew. Curran's instinct told him that somebody or other would surely stand up to prove the military position which his unlucky junior had arrogated to himself; to babble of his interviews on the shore near the Little House; of his arrangements for the capture of Dublin by surprise; which, but for his own timely taking, would certainly have been carried out.
Of course the advocate who had won such forensic distinction as was his would do his very best for a client who was so dear to his heart as this one; but what he could do was little after all, fighting, as he always was, against packed juries and false-witnesses. His wondrous eloquence and marvellous versatility had indeed more than once torn a doomed man from the gallows by exciting passions of such force as to conquer even the violence of fear and greed by which the juries were beset; but such miracles were not to be counted on, and it was with gloomy thoughts that the lawyer looked forward to the contest. What arguments, for instance, could have prevailed in the case of Orr, whose life was juggled away between two bumpers? After all, perhaps the proceedings of courts-martial were less bad than these legal masquerades. For in the purely military tribunal there was no doubt as to how the case would go from the beginning. Was it not better that time and breath should be economised, when cases were so notoriously prejudged? So it came about that Curran, in profound dejection, looked down upon the young man whom he loved, and prayed that he might die of his wound.
But in this case, as in a good many others, prayers received no answer. The yeoman, when he fired at Terence to prevent his escape, broke his arm by the shot. Neglect, and the amenities of Major Sirr, produced fever and inflammation, which the dampness of the provost did not tend to improve.