He then proceeded to review the evidence, pulling it to pieces, and cutting right and left into every deposition, showing up the flaws, attacking sans ménagement the character and veracity of the witnesses, dealing blows with no gentle hand on every side, and evidently lashing "his learned friend the Solicitor-General" into a state of suppressed fury; the whole drift and gist of his argument going to prove that, unless the fact of the prisoner's visit to the chemist's shop in Vero street did, to the minds of the jury, involve as a necessary consequence his purchasing the paper of strychnine, that also being satisfactorily established by conclusive [{88}] evidence, no verdict against the prisoner could be found. On the other hand, the last witness has positively declared that the strychnine had been purchased under false pretences by a female, and that on the following day hush-money had been sent to and received by James Ball not to identify that woman who bought the poison. Further, he should presently call a witness who would corroborate all that had been disclosed by James Ball—one whom he, Ball, had evidently considered as effectually silenced; one who, though but a boy, had given a very steady, consistent, and lucid account of what had transpired on the evening of the 23d and on the following day. After commenting further upon this, and touching pointedly upon the curious coincidence of my rencontre with the woman in Vere street and the visit of the woman to the chemist's shop, he wound up his address: "There has been question today, gentlemen, of one whose name should never have been dragged before your notice, but who, in her agonized wish of doing her feeble part in clearing him, her betrothed husband, from the foul charge laid on him, has besought us, who are engaged in his defence, not to spare her, not to deprive her of taking her share in the testimony we shall bring forward in his favor. Gentlemen, this noble-minded girl. Miss Ada Leslie, will tell you in what terms the prisoner at the bar used to speak of his deceased uncle—the only guardian and father whom he ever remembers—in that intimate communion which exists between a man and the woman whom he is going to make part of himself. I need add no more. Providence has shaken from under your feet the only ground upon which you could condemn Mr. Atherton; Providence has, to my mind, pointed out the road along which further inquiries into this most heinous and wicked murder can be pursued. The same almighty and just God will enlighten your understandings and bring your minds to a righteous conclusion upon the case before you. But, gentlemen, although as I said at first starting, we have better grounds than those of private conviction upon which to urge the prisoner's innocence—viz., those of proof and evidence—still I cannot but think you all feel with me that, as you look at him standing there, as you remember the tones of his voice, so familiar to us in this court, urging upon us the arguments of a powerful mind, thoroughly healthy in its moral tone, and the pleadings dictated by a heart whose impulses were intrinsically generous and humane, whose guileless soul—and I crave his pardon for uttering these words in his presence—shone out of his honest eyes, and whose blameless life was openly known to all and clear as the noonday—I think, if the evidence had been other than it was, or than that which you are going to hear will be, you would still be ready to exclaim, 'That man cannot be guilty of the crime imputed to him; who is innocent if he is proved guilty?"
I had no idea that Ada would be in court, far less give evidence; and I concluded she had not mentioned it to me lest I should object or be distresses on her account. The sensation was tremendous in court when she entered the witness-box, accompanied by her mother. The latter's agitation whether affected or real, seemed very great, and the frequent application of her handkerchief to her eyes betrayed she was crying. How Ada had got her there at all was a wonder; how she remained silent when there, was a greater marvel. Can I ever forget her as she stood there, that tall slender girl, with her pale colorless face of calm and high resolve, the dark shadows beneath those eyes that looked as if now they never slept, but with the steadfast light of deep, devoted affection shining in them as they fell upon Hugh; her whole figure quivering with emotion, and her clasped hands leaning upon the table before her? One look at Hugh, and then she returned to the Lord Chief-Justice. I saw the [{89}] undisguised rush of sympathy and of interest flash across his countenance as his gaze met hers; and he leaned towards her with the courteous attention of the innate gentleman that he was.
"My lord," she began, in tones that at first were scarcely audible, though peculiarly sweet, but which rose and deepened as she went on, "I have come here because there is something I wish to say to you, although I know you think he is innocent; but still I had best say it. For many months past I have known every thought of his heart; there has been no secret kept back from me. My lord, he loved that poor murdered man very tenderly, even as he would have loved his father had he lived, and he never spoke of him but with kindness and affection. It was only on the very day it happened that he was talking with me of the future. We were to have been man and wife—oh, I trust in God we shall still be!—and that day he, my Hugh, said how he was looking forward to the time when we should have a home of our own, and he could win his uncle away sometimes from his solitary life, and make him come to us. Do you think," she said, turning with passionate suddenness to the jury,—"do you think he could say that to me and an hour afterwards kill the old man? do you think that of him who never bore an unkindly thought even to a dumb animal?"
And then her womanly timidity seemed to come back, or physical excitement overpower her; and when Mr. Frost, a young and rather conceited-looking man, rose with a view doubtless to cross-question her, the Solicitor-General waved him back, for she had sunk on the chair placed for her.
Then I heard, and hearing it my heart seemed like to break, a heavy groan burst from the prisoner's lips—the first sign of deep emotion that had escaped him during those long weary hours of suffering and suspense; and I law him stretch out his arms toward her with a wild movement of unutterable love. Thank God, she neither saw nor heard! Merrivale hastened to her, and with her mother led her out of the court.
Jacob Mullins was then called by Serjeant Donaldson.
He said: "I am sixteen years of age, and have lived two years with Mr. Davis, chemist in Vere street, as errand-boy. I take the medicines home when made up, and make myself generally useful in the shop. I never serve over the counter. I clean the pestles, mortars, and all vessels used, but I never serve out medicines. I quite well remember the evening of the 23d. I was sitting at the far end of the shop behind the counter, polishing a brass mortar. I could see who came into the shop, because where I sat was opposite the flap of the counter, and I looked through each time any one came in. I wasn't very busy that evening. I remember a tall gentleman coming in and asking for some spirits of camphor. Master served him; Mr. Ball was in the shop. I suppose it was about eight o'clock or thereabouts. I never take much count of time, except when I have to hurry. He didn't buy anything else. I am quite sure of it; I could swear it. I was listening all the time. He was a very tall gentleman. I think it was the prisoner at the bar; he was like him, but he had his hat on."
Baron Watson: "Let the prisoner put on a hat."
Witness: "Yes, that is the gentleman. I could swear it is the same."
Serjeant Donaldson: "What happened next?"