The facts, as commented upon by the counsel for the crown, were undeniably against her. Her case was pitiable, it was true. It seemed that at the very last—besides the sickness which had so often retarded her endeavours—a robbery committed in the little shop, in which she carried on a small precarious trade, had despoiled her of the hardly-earned treasure of years; but this circumstance alone made it more likely that one in her situation should grasp at any means, promising to put such an effectual end to her long course of difficulties and disappointments. She pleaded ignorance as to the nature of the aid administered to her. Had she then only consented to give up the name of the guilty donor, the charge would have been withdrawn; and her pertinacious refusal to do so was enlarged upon by the learned counsel as evidence of her being accessory to the fraud.
From the depositions of the witnesses, it then appeared that Mabel Marryott's father had originally been a farmer in the county of ----shire; that soon after his daughter's birth he had emigrated to Australia; that her mother had not followed her husband's fortunes; had remained in England in the service of a family of consideration and distinction in that above-mentioned county, where she still remained. It appeared that the mother had little intercourse with her daughter. At an early age, the latter had been apprenticed to the business in which she afterwards became a partner; and then, as the phrase goes, this little affectionate parent "washed her hands" of her concerns, and left her to strive for herself. About ten years before, the prisoner became acquainted, and finally engaged herself in marriage, with a young artisan on the point of emigrating to America, a contract which proved indeed one of those "long engagements" so often doomed to misfortune and disappointment. They were not to be united till, by their joint exertions, they had accumulated a sufficient sum to pay the expenses of the voyage, and supply a capital whereupon to begin with comfort their married life. Now, by an accident which had in a great measure disabled the lover from pursuing his customary avocations, much of this labour of love had been cast upon his betrothed, who, in spite of many discouragements and disadvantages on her side, had, with never-failing courage, persevered in her exertions, up to the time of her last misfortune—that of having all her little possessions stolen—when she seemed, by all accounts, at length to have been well nigh driven to despair, for to add to this distress, her lover's unkindness—"unkindest cut of all," began (as under the curse of absence, the most confiding lovers are too prone to do) to doubt the alleged causes of her protracted separation, and to write bitter upbraiding letters to that effect.
"We then hear," the learned gentleman proceeded, "that the prisoner began to sink and sicken with despair; but suddenly she receives a letter—she does not tell from whom—but saying something about an appointment with some friend, she leaves her home, and returns in a few days, all exulting happiness. She had received a supply of money sufficient for her need, but is confused and mysterious when questioned as to by whom this bounty has been bestowed. Then without further delay she had paid off her debts, procured for herself such necessaries as time admitted, took leave of her friends, and proceeded to Liverpool, and was to have sailed the following morning for America. But in the meantime the notes she had circulated had been discovered to be forged, and a warrant dispatched for her detention; and the examination before the magistrates eliciting nothing from her but her declaration of innocence, and refusal to throw any light upon the facts connected with their receival, she had been committed for trial. The notes were then produced. They were all dated ten years back, and from the appearance of the paper bore every mark of time and long-keeping; and one circumstance was brought to bear most particularly against the prisoner, which was, that the names assigned upon the bill were those of the firm of Maynard and Co.; and the very house in which the prisoner's mother had resided for so many years as confidential servant, was that of Mr. Trevor, of Montrevor, who was at that time one of the partners in that extensive concern."
The Judge then demanded whether the prisoner's mother was not forthcoming. His lordship was then informed that she was not, as it had been ascertained that she was at that moment lying dangerously ill of a mortal disease. Evidence had however been obtained, that she had not for the last twelve years held any intercourse with her daughter.
The Judge, though considering this point unsatisfactory, forbore further comment, until he had heard the other side of the question, and Mr. Seaham, counsel for the prisoner, accordingly rose up to speak.
No little sensation was created by the able defence of the young barrister. The touching, though simple outline he first drew of the previous history of the accused—her character and conduct, so inconsistent with such grave delinquency as that of which she stood suspected—which he produced many witnesses to testify; all was brought admirably to bear upon the point. Even round the impenetrable cloud in which her silence wrapped the affair, he cast a silvery halo, by the manner in which he treated her conduct in this respect. The moral beauty in which he clothed the idea—the matchless constancy of that poor woman's mind, which few who had heard the details of her history, of her life, could forbear to acknowledge. Who then could feel surprised if now she stood there preferring shame, ignominy, and suspicion to the betrayal of the being who, were it friend or relation—even stranger or acquaintance—had come forward to assist her in her extremity, and though but for a moment, had stood forth in the guise of benefactor, turning her mourning into joy—throwing sunshine upon her weary path! Who could sound the depths of gratitude when once strongly called forth in the human heart—to what even morbid extent, as he owned it might be deemed in the present case, might it not be carried? That the quality of self-preservation—self-defence was greater—many in that assembly might sneeringly assert; but for his own part—he was thankful to say such cynical lessons had not been taught him—he did think that gratitude—disinterested, heroic gratitude, was still a flower not yet quite extinct in the soil of humanity; that in the words of the poet he could assert:
"I've heard of hearts unkind—of hearts,
Kind deeds with ill returning;
Alas! the gratitude of men
Has often left me mourning."
But might there not be a bond stronger even than gratitude which binds the prisoner's tongue in a matter touching so closely her personal welfare? It was his business that day to clear his client, therefore he must add, that very insufficient light had been obtained from a quarter in which much more particular evidence was naturally to have been expected. The prisoner had a mother, which circumstance had before been mentioned, and the truth of which, (even during the brief space of time the matter had been placed in his hands,) he made it his business to ascertain, now lying on her death-bed. Yet how could it be clearly ascertained that this mother has not assisted her daughter in her distress? indeed it seems strangely unnatural that she should not have done so throughout the long probation she had endured, and still more so in this last emergency. Was there no question as to whether the powers of natural affection might not restrain the selfish instinct of self-defence? Was there any proof, though there might be no direct knowledge, that the prisoner had not held intercourse or correspondence with the parent?
It had been stated, that the prisoner had never set foot in the house where the mother had been established so many years—that she never had received pecuniary aid from the family with whom her mother resided; yet the notes had been proved to be exact fac-similes of those delivered by the bank of Messrs. Maynard and Co., that firm to which the head of the family—whom the mother served at the time of the date of these notes—then belonged.