At length the trial came on, and our unhappy prisoner, at the hour of eleven o'clock, was placed at the bar of his country to stand the brunt of a government prosecution. Common report had already carried abroad the story of Una's love and his, many interesting accounts of which had got into the papers of the day. When he stood forward, therefore, all eyes were eagerly riveted upon him; the judge glanced at him with calm, dispassionate scrutiny, and the members of the bax, especially the juniors, turned round, surveyed him through their glasses with a gaze in which might be read something more than that hard indifference which familiarity with human crime and affliction ultimately produces even in dispositions most human and amiable. No sooner had the curiosity of the multitude been gratified, than a murmur of pity, blended slightly with surprise and approbation, ran lowly through the court-house. One of the judges whispered a few words to his brother, and the latter again surveyed Connor with a countenance in which were depicted admiration and regret. The counsel also chatted to each other in a low tone, occasionally turning round and marking his deportment and appearance with increasing interest.
Seldom, probably never, had a more striking, perhaps a more noble figure, stood at the bar of that court. His locks were rich and brown; his forehead expansive, and his manly features remarkable for their symmetry; his teeth were regular and white, and his dark eye full of a youthful lustre, which the dread of no calamity could repress. Neither was his figure, which was of the tallest, inferior in a single point to so fine a countenance. As he stood, at his full height of six feet, it was impossible not to feel deeply influenced in his favor, especially after having witnessed the mournful but dignified composure of his manner, equally remote from indifference or dejection. He appeared, indeed, to view in its proper light the danger of the position in which he stood, but he viewed it with the calm, unshrinking energy of a brave man who is always prepared for the worst. Indeed, there might be observed upon his broad, open brow a loftiness of bearing such as is not unfrequently produced by a consciousness of innocence, and the natural elevation of mind which results from a sense of danger; to which we may add that inward scorn which is ever felt for baseness, by those who are degraded to the necessity of defending themselves against the villany of the malignant and profligate.
When called upon to plead to the indictment, he uttered the words “not guilty” in a full, firm and mellow voice, that drew the eyes of the spectators once more upon him, and occasioned another slight hum of sympathy and admiration. No change of color was observable on his countenance, or any other expression, save the lofty composure to which we have just alluded.
The trial at length proceeded; and, after a long and able statement from the Attorney-General, Bartle Flanagan was called up on the table. The prisoner, whose motions were keenly observed, betrayed, on seeing him, neither embarrassment nor agitation; all that could be perceived was a more earnest and intense light in his eyes, as they settled upon his accuser. Flanagan detailed, with singular minuteness and accuracy, the whole progress of the crime from its first conception to its perpetration. Indeed, had he himself been in the dock, and his evidence against Connor a confession of his own guilt, it would, with some exceptions, have been literally true. He was ably cross-examined, but no tact, or experience, or talent, on the part of the prisoner's counsel, could, in any important degree, shake his testimony. The ingenuity with which he laid and conducted the plot was astonishing, as was his foresight, and the precaution he adopted against detection. Cassidy, Connor's attorney, had ferreted out the very man from whom he purchased the tinder-box, with a hope of proving that it was not the prisoner's property but his own; yet this person, who remembered the transaction very well, assured him that Flanagan said he procured it by the desire of Fardorougha Donovan's son.
During his whole evidence, he never once raised his eye to look upon the prisoner's face, until he was desired to identify him. He then turned round, and, standing with the rod in his hand, looked for some moments upon his victim. His dark brows got black as night, whilst his cheeks were blanched to the hue of ashes—the white smile as before sat upon his lips, and his eyes, in which there blazed the unsteady fire of a treacherous and cowardly heart, sparkled with the red turbid glare of triumph and vengeance. He laid the rod upon Connor's head, and they gazed at each other face to face, exhibiting as striking a contrast as could be witnessed. The latter stood erect and unshaken—his eye calmly bent upon that of his foe, but with a spirit in it that seemed to him alone by whom it was best understood, to strike dismay into the very soul of falsehood within him. The villain's eyes could not withstand the glance of Connor's—they fell, and his whole countenance assumed such a blank and guilty stamp, that an old experienced barrister, who watched them both, could not avoid saying, that if he had his will they should exchange situations.
“I would not hang a dog,” he whispered, “on that fellow's evidence—he has guilt in his face.”
When asked why he ran away on meeting Phil. Curtis, near O'Brien's house, on their return that night, while Connor held his ground, he replied that it was very natural he should run away, and not wish to be seen after having assisted at such a crime. In reply to another question, he said it was as natural that Connor should have ran away also, and that he could not account for it, except by the fact that God always occasions the guilty to commit some oversight, by which they may be brought to punishment. These replies, apparently so rational and satisfactory, convinced Connor's counsel that his case was hopeless, and that no skill or ingenuity on their part could succeed in breaking down Flanagan's evidence.
The next witness called was Phil. Curtis, whose testimony corroborated Bartle's in every particular, and gave to the whole trial a character of gloom and despair. The constables who applied his shoes to the footmarks were then produced, and swore in the clearest manner as to their corresponding. They then deposed to finding the tinder-box in his pocket, according to the information received from Flanagan, every tittle of which they found to be remarkably correct.
There was only one other witness now necessary to complete the chain against him, and he was only produced because Biddy Nulty, the servant—maid, positively stated, and actually swore, when previously examined, that she was ignorant whether Connor slept in his father's house on the night in question or not. There was no alternative, therefore, but to produce the father; and Fardorougha Donovan was consequently forced to become an evidence against his own son.
The old man's appearance upon the table excited deep commiseration for both, and the more so when the spectators contemplated the rooted sorrow which lay upon the wild and wasted features of the woe-worn father. Still the old man was composed and calm; but his calmness was in an extraordinary degree mournful and touching. “When he, sat down, after having been sworn, and feebly wiped the dew from his thin temples, many eyes were already filled with tears. When the question was put to him if he remembered the night laid in the indictment, he replied that he did.