'I fear, my learned brother,' said the Judge, 'that when the Jury retire, it will become a strong piece of evidence, whatever direction I may give them.'
The Serjeant declined to re-examine this evidence.
Then my counsel called Mr. Merridew, who very reluctantly got into the box again.
He denied solemnly that he knew either of the preceding witnesses. He denied that he knew the Black Jack. He owned, with a pretence at pride, that he had frequently served his country by informing against rogues and had taken the reward to which he was entitled. He denied that he encouraged young fellows to become highwaymen in hopes of securing the higher reward. He denied that he knew Mr. Probus. He swore that he should not benefit by the conviction of the prisoner.
You observe that the object of the Counsel was to make everyone plunge deeper into the mire of perjury. His case was strong indeed, or he would not have followed this method.
The Counsel then called half a dozen witnesses in succession. They were turnkeys from York, Winchester, Reading and Portsmouth and other places. They identified the Rev. Dr. Samuel Carstairs, D.D., as a person notoriously engaged in frauds for which an educated person was necessary. He had been imprisoned for two years at Winchester for embezzlement: for a twelvemonth with a flogging at York for fraud: he was whipped through the High Street of Portsmouth and down to Point and back again for similar practices. They also identified the Captain as a rogue from tender years: hardly a whipping-post anywhere but knew the sound of his voice: hardly a prison in which he had not passed some of his time.
And now the case looked brighter. Everyone was interested, from the Aldermen to the Jury: it was a case of surprises: only Serjeant Cosins stood with his papers in his hand looking perplexed and annoyed. So far there was no doubt about the two fellows, the authors of the charge, being notorious and arrant rogues. A very pitiful figure they cut, as they sat side by side on the witnesses' bench. Even their own friends in the gallery were laughing at them, for the admiration of the rogue is for successful roguery, while for detected roguery he has nothing but contempt.
Then the Counsel called John Ramage. He said that he was an accountant in the counting-house of Messrs. Halliday Brothers: that in that capacity he knew the position of the House: that in two years the managing partner, Mr. Matthew Halliday, had reduced the business to a state of insolvency: that they might become bankrupts at any moment: that creditors were pressing, and the end could not be far off. He went on to state that he revealed the secrets of his office because he was informed that the knowledge was necessary for the defence of Mr. William Halliday, and that the safety and innocence of his late master's only son were of far more importance to him than the credit of the House. And here the tears came into his eyes. This, however, was the least important part of the case. For he went on to depose that the position of his desk near the door of Mr. Matthew's office enabled him to hear all that went on: that Mr. Probus was constantly engaged with Mr. Matthew: that every day there were complaints and quarrels between them: that Mr. Probus wanted his money back, and that Mr. Matthew could not pay him: that every day they ended with the regret that they could not touch this sum of money waiting for the survivor: that every day they sighed to think what a happy event it would be for them both if Mr. William Halliday were dead. That, one day, Mr. Probus said that there were many ways for even a young man to die: he might, for instance, fall into the hands of the law: to this Mr. Matthew gave no reply, but when he was alone began to drink. That Mr. Probus returned the next day with Mr. Merridew, who said that the job was easy and should be done, but he should expect to stand in: he said that the thing would cost a good deal, but that, for a thousand pounds, he thought that Mr. Will Halliday's case might be considered certain. 'When I heard this,' the witness said, 'I hastened to Lambeth, where Mr. Will was living with his wife. I could not see him because he was playing for Madame Vallance's Assembly. I therefore went again to Lambeth the next day, which was Sunday, and I told him all. While I was telling him, Mr. Probus himself came. So they put me in the kitchen where I could hear what was said. Mr. Probus made another effort to persuade Mr. Will to sell his chance of succession. Then he went away in a rage, threatening things. So I implored Mr. Will to get out of the way of the villains. He promised: but it was too late. The next thing I hear is that he has been charged with highway robbery. Mr. Will—the best of men!'
I now thought my case was going pretty well.
There were, however, other witnesses.