Was it hard to look in her face, meet her clear trusting eyes, and answer back, "You were right, Ada; he is laboring under some delusion?" Were they false words I spoke, my own heart giving them the lie? Thank God, no. I was true to her, true to him.
The time between my journey into Lincolnshire and the day of the trial seems, on looking back, to be one dead blank, inasmuch as, do what we would, we were no nearer the solution of the mystery after those three weeks of research and watchfulness than we were on the morning succeeding the murder. There were the prolonged conferences of lawyers with counsel, of counsel with prisoner, of both with the detectives; and day by day I saw Merrivale's face growing more careworn, stern, and anxious; I saw both Inspector Keene's and Jones's baffled looks; and--worse, far worse than all--I saw Ada Leslie wasting away before me, withering beneath the blighting sorrow that had fallen upon her young life. Oh! the terrible anguish written upon that wan, worn face that would be lifted up to mine each time I saw her, the unspeakably painful eagerness of her tones as she would ask, "is there any news?" and the touching calmness of her despairing look succeeding the answer which blasted the hopes that kept cruelly rising in her breast only to be crushed!
So the morning of the 16th of November dawned upon us. For the defence Merrivale had engaged two of the most acute lawyers and most eloquent pleaders then practising at the English bar, Sergeant Donaldson and Mr. Forster, Q.C. They were both personal friends of Hugh Atherton, both equally convinced of his innocence. On the part of the Crown the Solicitor-General, Sergeant Butler, and a Mr. Frost were retained--all eminent men. The judges sitting were the Lord Chief-Justice and Baron Watson. Although we arrived very early, the Court was crowded to suffocation; and it was only by help of the police-officers and authorities that we could find entrance, although engaged in the principal case coming on. Special reporters of the press, for London and the country, were eagerly clamoring for seats in the reporters' bench; and even foreign journals had sent over their "own correspondents," such a general stir and sensation had the murder of Gilbert Thorneley made far and near.
Two or three trivial cases of embezzlement and stealing came first before the Common Sergeant, whilst preparations for the one great trial were made, the witnesses collected, and the counsel on either side holding their final conferences. At a quarter to eleven the Chief-Justice, followed by his brother judge, entered amidst profound silence and took his seat. They were both men who had grown old and gray in the administration of justice, who had for years sat in judgment upon the guilty and the not guilty--men whose ears were familiar with the details of almost every misery and crime known to human nature--men who had had their own griefs and trials; and on the venerable face of the superior judge many a deep furrow had been left to tell its tale, whether engraven by private sorrow, or sympathy for the mass of woe and suffering which passed so constantly before his eyes. I had the honor of being personally acquainted [{753}] with his lordship. How well I remembered an evening, not so long ago, spent at his house with Hugh Atherton; when he, that eminent judge, that distinguished lawyer, had come up to me and talked of Hugh, of his talents, his eloquence, his growing reputation! I remembered the sad, wistful expression of his eye as it dwelt upon my friend, and the tone of his voice, as he said with a deep sigh, "If my boy had lived, I could have wished him to have been such a one as he. " He remembered it also, if I might judge from the sorrowful gravity of his countenance. I was standing beside Merrivale beneath the prisoner's dock, facing the judge's chair; and in a few moments there was a rustle and stir throughout the court, and I saw the Chief-Justice pass his hand before his eyes for a brief second. Then was heard the loud harsh voice of the clerk of the court addressing some one before him:
"Philip Hugh Atherton, you stand there charged with the wilful murder of your uncle, Mr. Gilbert Thorneley. How say you, prisoner at the bar--are you guilty or not guilty?"
A voice, low, deep-toned, and thrilling in its distinctness, replied: "Not guilty, my lord; not guilty, so help me, O my God!" and turning round, once again my eyes met those of Hugh Atherton.
A great change had been wrought in him during the last three weeks, he had grown so thin and worn; and amongst the waving masses of his dark hair I could trace many and many a silver thread. Twenty years could not have aged him more than these twenty days passed in that felon's cell, beneath the imputation of that savage crime. Who could look at him and think him guilty; who could gaze upon his open, manly face, so noble in its expression of mingled firmness and gentleness, in its guileless innocence and conscious rectitude of purpose, and say, "That man has committed murder"? My heart went out to him, as I looked on his familiar face once more, with all the love and honor with which I had ever cherished his friendship.
A special jury were then sworn in. All passed unchallenged; and the Solicitor-General rose to open the case for the prosecution, and began by requesting that all the witnesses might be ordered to leave the court. It is needless to say that I had been subpoenaed by the crown to repeat the wretched evidence already given at the inquest; needless also to say that, not being personally present during the whole trial, I have drawn from the same sources as before for an account of it.
We had been given to understand that no other witnesses than those examined before the coroner would be called against the prisoner; why should they want more? They had enough evidence to bring down condemnation twice over. On the part of the defence I have before said up to that morning nothing fresh had been discovered that could in any way be used as a direct refutation of what had already been adduced, and would be brought forward again on this day.
After the examination of the medical men I was called into the witness-box, and examined by the Solicitor-General. To my former evidence I now added an account of what had passed between myself and the murdered man on the evening of the 23d, the contents of the will, my journey to the Grange, and the discovery of Thorneley's idiot son. I likewise gave an account of my visit with Jones to Blue-Anchor lane. I noticed that this was ill-received by the Crown counsel; but the judges overruled the Solicitor-General's attempt to squash my statements, and insisted upon my having a full hearing. At the end Sergeant Donaldson rose to cross-question me.