Wilson's Tales of the Borders and of Scotland, Volume 05

by Unknown

Leaving the body to the charge of the housekeeper, I called Walter T—— to accompany me to where the individuals stood with the lights, with the view of tracing the foot-prints in the snow to the hiding place of the cool-murderer, who had committed apparently so gratuitous a crime. When we arrived at the spot, several other people had collected, among whom were some sheriff officers on their way to the scene of the murder, but who stopped to join in, or rather superintend this investigation. The foot-prints around the spot where the people had collected were too much mixed and confused to be capable of being traced for some distance; but, further on, they were again discernible and traceable, and, at one place, the extraordinary appearance presented itself to one of the officers, of a well defined figure of a pistol imprinted on the snow, with the finger points of a hand applied to lifting it from the ground—suggesting to the mind of every one present the unavoidable conclusion that the murderer had dropped the instrument of his crime in the hurry of his retreat, and had snatched it up again as he continued his flight.

We proceeded onwards slowly, aided by several lights brought from the house; and, though the darkness of the night presented many difficulties to a successful search, we were still able to progress with certainty to the termination of the murderer's route. Whenever two distinct marks were traced, we felt no difficulty in identifying them, from the unusual circumstance of one of them bearing the impress of nail heads, and the other not, as if only one of the shoes worn by the culprit had undergone the coarse process of repair, in which, in Scotland, short nails with broad heads are often used. As we proceeded onwards, some one cried out that the prints led to the dwelling of Walter T——; a remark which seemed to be about being verified by that individual's house now reflecting from its dark walls the glare of the lights, while the footsteps were clearly verging towards the door. I looked round and stared full in the face of the man, as it was darkly revealed to me by the flickering tapers; and, though I could perceive no indications of terror, there were clearly discernible signs of confusion, which, however, might have been the consequence of innocence as well as of guilt.

In a few minutes, we traced the foot-prints to the very threshold of the door of Walter T——'s house; and, upon the instant, one of the sheriff officers laid hold of the suspected man, who looked wildly around him, as if he wished to escape from the grasp of justice, and at last appealed to me if it was fair to blast the character of an individual by an apprehension on such slender evidence as the tracing of a foot-print among the snow from one house to another. I replied, that I thought the evidence very inadequate to authorize a confinement, and that, as to the mere detention, he could, by taking off his shoes, and allowing them to be compared with the foot-print, remove the suspicion, and be set at liberty. The man pointed significantly and triumphantly to the foot-prints he had that instant made, and had been making during the whole course of the investigation, and we saw at once that, although the size of the impression was nearly the same in both, there was no indication of nails in the prints of the shoes he wore; a fact he verified by instantly taking off and exhibiting them to the officers; who, after a minute inspection, admitted that the impressions we had been tracing could not have been formed by the shoes exhibited. This clearance was deemed sufficient by those present; but one of the officers suggested a search of the house, in which he remarked, very properly, the person might be secreted whose foot-prints we had been tracing; and the party immediately entered. There was no person within, nor could anything be seen to justify those suspicions that had been roused by the evidence afforded by the foot-prints in the snow; and the officers and party were about to retire, when some one pointed to a kind of garret, formed by planks or boards laid on some cross beams that extended between the two walls of the cottage, and quite sufficient to have contained a man. The officer accordingly mounted by means of a ladder; and he had scarcely got up, when he cried out, in a voice that made us all start, that he had succeeded in his search. I had no doubt that he had found there the concealed murderer; and the silence that ensued for a few minutes, as the officer rendered his discovery, whatever it was, available—coming in place, as it did, of an expected uproar, struggle, or fight—imparted to the scene, at this moment, great mystery, which was, however, partly removed by the descent of the officer, holding in his hands a pistol and a pair of shoes.

The appearance of these articles, so strangely and providentially traced by their images in the snow, produced a great sensation, for no one doubted but that they were the very evidences we were in search of; and so indeed they turned out to be, for the foot-prints and the shoes completely agreed, and the impression of the pistol on the snow was upon examination, found to be clearly that of the one discovered. It was again referred to me whether sufficient evidence had not now been procured to authorize the apprehension of the suspected man, who still remained in the grasp of the officer; and I felt myself, for the first time of my life, dragged, by the force of circumstances, into an investigation neither suited to my feelings and habits, nor connected with my profession, for the discharge of one of the duties of which I had been called out of bed at that late hour of the night. Unwilling even with the evidence before me, to pass sentence against the man, I inquired of William B——, his cousin, who stood by me, what kind of character he bore; and ascertained from him that he was a person of idle habits, and had been in the practice, for many years, of living upon what money he could extort, by threats or entreaties, from the deceased, who had done much for him, and had never received even thanks for what he had done; that he had known them have many quarrels, and one in particular a short time before that night; and that the deceased had threatened, by making a will, to deprive the ungrateful nephew (his heir) of any part of his effects—a step now prevented by his violent death, which would put the latter, if not guilty of this great crime, in possession of his property, which was very considerable. These corroborating circumstances bore heavy upon me; yet, such is force of habit, I would have felt less pain in amputating one of the suspected man's limbs, than I experienced (and, though it is twenty years since that night, I have the recollection of the painful feeling still) in giving my required sanction to a commitment that might be the first step in a progress to the scaffold. During the few moments of deliberation that passed, before I could bring my mind to pronounce my verdict, the unfortunate man sought, with a fearful eye, my countenance. A shaking terror, that chased every drop of blood from his face, and struck his limbs with the feebleness of a child, was exposed by the lights that flared at intervals on his person; and every one read in these indications of fear, the evidences of his guilt. My opinion was delivered in accordance with that of the other persons assembled. The agitation of the culprit rose to such a degree, that he fell upon the ground, and, grasping my limbs with the convulsive clutch of despair, screamed for mercy, till the echoes rung through the planting, and came back upon the ears of the relentless abettors of justice. The more eager were his energetic appeals to feelings that were steeled against the cries and sobs of a murderer, the more determined were the people to do their duty to the injured laws of their country; and as he, on relinquishing the grasp of my knees, was extended on the ground, laying about him, and casting up the snow, which he clutched with his hands, and even bit in his agony, he was again laid hold of by the officers, assisted by the people, and carried struggling to the nearest place where a cart could be procured to drive him to jail.

Next day I was examined by the law officers, and stated the facts I had witnessed, as I have now related them from my notes. Many others were examined, and, among the rest, William B——, and the housekeeper I had seen hanging over the body of Mr. T——; the latter of whom, I understood, gave testimony to the effect that she had, some days before the murder, heard her master accuse the pannel of having stolen from him his watch; and an officer who had searched the house, and found the watch in a place not far from that where the shoes and pistol had been found, produced it to the men of the law, while the housekeeper and William B—— identified it as the deceased's property. Some days afterwards, a great advance was made in the evidence by another discovery, to the effect that the pannel had been in the practice of stating, to various people to whom he owed money, that he would pay them, with compound interest, when his old uncle (the deceased) was dead, as he, in the character of heir-at-law, would succeed to all his property; and, on one occasion, he had, in some drunken orgies, proceeded so far as to propose as a toast, in presence of his cousin, William B——, who spoke to the fact, a quick and safe passage to the soul of his uncle over the Stygean stream, which, to him, the heir, would become as rich in gold as Pactolus. A great number of other corroborative facts and circumstances were spoken to by many witnesses, which, at this distance of time, I cannot recollect: the evidence was, on the whole, deemed by the men of the law sufficient to justify a trial, which accordingly took place some time afterwards, and at which I was examined as a principal witness.

The scene of that day was, in an eminent degree, heart-rending; the facts proved seemed to strike the unfortunate man like thunderbolts, driving him into a state of stupor from which he was no sooner roused than he was again stricken with the same paralysing proof of his crime. The hand of the Almighty appeared to be occupied in tracing, before the averted eyes of the murderer, the secret purpose he had devised in the recesses of his heart, far removed, as he thought, from mortal eye, yet now revealed as evidence to consign him to the death he was unprepared to meet; and, as he prayed, ejaculated, wept, and swooned by turns, the people assembled in court, while they could not doubt his crime, or conceal from themselves its enormity, pitied the victim of such agony of torture as he was apparently suffering, only, too, on the very threshold of his misery.

Having remained in court after my examination, I was called upon by the judge, on more occasions than one, to administer what relief was in my power to the unhappy being, as he lay apparently senseless under the bolt of some truth that came on him from the witness-box, as if to seal his doom in this world. I could do little for him, when he was struck by these moral impulses, except by administering stimulants; but, on one occasion, he lay so long under an attack of syncope, that I felt myself called upon to have him removed, for a short time, to an ante-room, where I took from him some ounces of blood. I have watched the eyes of patients brought back to sensibility, life, and hope, and seen the ray of the brightening prospect of health, success, and happiness, dawn on the drowsy orb; but I had not before witnessed the return of sense and intelligence to be directed, at the first glance, on a gallows, and I shuddered as I perceived the breaking in on his clouded mind of the consciousness of the situation in which he was placed—the terror of again facing that court, and that damning evidence, and the recoiling effort he made to escape—alas, how vain!—from the grasp of the officers, as they again proceeded to carry him to the court-room. When placed again at the bar, upheld by the officers, pale and trembling, the relentless forms of justice proceeded; the witnesses resumed the chain of evidence, and the unfortunate man was again subjected to the rack, under the torture of which his weakened body recoiled with feebler efforts, as exhausted nature denied the supply of the sensibility of pain. But the charge of the judge, which was hollow against the prisoner, ingenious in its reasonings and stern in its conclusions, again revived the slumbering agonies, and the return of the verdict "Guilty" by the jury, was the signal for the commencement of a scene which the hardest hearted person in the court could not witness without horror. A shrill scream ran through the court-room, and was followed by the extraordinary sight of the prisoner clambering over the bar, clutching the clerks' seat, and struggling, against the grasp of the officers, to get forward to the bench, on which the judge sat adjusting the black cap with a view to pronounce the sentence of death. The roused judge vociferated to the officers, blaming them for their remissness; but his voice was overcome by the ejaculations of the prisoner, who cried for mercy, till, vanquished by the men, who held him firmly down, and even stopped his mouth, he fell senseless within the bar, deaf to the words of the fatal sentence, which now, in the midst of death-like silence, rolled over the court with a solemnity never perhaps witnessed in any place of justice before or since.

On being carried to the jail, whither I accompanied him at the request of the judge, he was with difficulty brought back to a state of consciousness; but it was only to be able to fill the prison with his unavailing cries. I could do him no good; and, though used to exhibitions of pain and misery, I was unable to witness longer this most intensive picture of the most agonized condition of unhappy man. I left him, but I was repeatedly called to him again, in the interval which elapsed between this period and the day of his execution, to bring the strength of our art to bear against the effects of a determination to refuse all sustenance, and to resist all the confirmatory aids of necessity, resignation, and religion. All the efforts of the jailor were not able to get him to take food; the unabated strength of his despair occupied every nerve, and chased from his mind all lesser pains of hunger or bodily privations and wants; his moral apoplexy had extended its deadening effects to his physical system; and, as he lay chained by the leg to his stone couch, it could have been detected only from low murmuring groans, alternated, at long intervals, with sudden yells, that there was any real living action in his mind or body.

The ministrations of the clergymen who attended him were likely to be of greater service to him than anything within the power of our professional art; yet they informed me that such was the force of the agony under which he laboured, that all their efforts had been unavailing to introduce into his mind any one sustaining or comforting principle or sentiment. For many days, his determination to take no food continued as strong as at the beginning, whereby his whole system became emaciated and deranged; and, even when the burning pangs of hunger and thirst, the most acute of all bodily pains, rose upon him to such a height that his moral anguish was forced, for a moment, to cede some portion of the territory of feeling to their irresistible impulse, he gave way to the imperative necessity like a maniac, starting up and seizing the can of water that stood by his couch, and, after draining it to the bottom, dashing it from him, and falling back again into the depth of his misery.

The period of his execution was approaching; but he had become so weak that I gave it as my opinion that he would not be able to walk to the gallows. A fever had been induced by the inflammation which generally results from hunger, acting on what we call the primæ viæ; and now, when the moral pyrexia had so far weakened his brain, that the material of suffering seemed almost to be exhausted, he was attacked on the side of the flesh with pains and paroxysms of agony, not much less acute than those he had suffered, and was still, to a great extent, undergoing, from his mental and incurable causes of misery. I had a duty to perform, and I did perform it, by applying to this man, who was already "betrothed to death," those remedies that might enable him to walk into the arms of his grim bridegroom; yet, I do not blush to own and acknowledge, that I secretly sighed that God would overcome my efforts, and, by taking the poor victim to himself, save him from the death which awaited him at the gallows foot. Yet, how vain are the aspirations of mortals, in those emergencies claimed by Heaven as its own vindicated periods and purposes of divine wrath! The food he rejected, when he was able to reject it, was supplied in the form of broths, when he was no longer sensible of the reception of that which was to sustain him for the bearing of the agony he dreaded, of all others—a violent death before an assembled multitude. He was saved from one death for the purpose of suffering another, and that in very spite of himself, through the instrumentality of the most pitiable state of man, the want of consciousness. When he came to be informed of the manner in which his life had been protracted and saved, for the purpose of being forcibly dragged from him by the relentless arm of public justice, he raved like a madman, expending the remnant of strength that had been saved to him in imprecations against me, in unavailing screams and clanking of the chain that still clung to his emaciated limbs.