"The doctor who attended the dying man was not of your way of thinking," remarked Bashwood the younger, dryly. "He called in two other medical men, and they all three refused to certify the death. The usual legal investigation followed. The evidence of the doctors and the evidence of the servants pointed irresistibly in one and the same direction; and Mrs. Waldron was committed for trial, on the charge of murdering her husband by poison. A solicitor in first-rate criminal practice was sent for from London to get up the prisoner's defense, and these 'Instructions' took their form and shape accordingly.—What's the matter? What do you want now?"
Suddenly rising from his chair, Mr. Bashwood stretched across the table, and tried to take the papers from his son. "I want to look at them," he burst out, eagerly. "I want to see what they say about the captain from Cuba. He was at the bottom of it, Jemmy—I'll swear he was at the bottom of it!"
"Nobody doubted that who was in the secret of the case at the time," rejoined his son. "But nobody could prove it. Sit down again, dad, and compose yourself. There's nothing here about Captain Manuel but the lawyer's private suspicions of him, for the counsel to act on or not, at the counsel's discretion. From first to last she persisted in screening the captain. At the outset of the business she volunteered two statements to the lawyer—both of which he suspected to be false. In the first place she declared that she was innocent of the crime. He wasn't surprised, of course, so far; his clients were, as a general rule, in the habit of deceiving him in that way. In the second place, while admitting her private correspondence with the Cuban captain, she declared that the letters on both sides related solely to a proposed elopement, to which her husband's barbarous treatment had induced her to consent. The lawyer naturally asked to see the letters. 'He has burned all my letters, and I have burned all his,' was the only answer he got. It was quite possible that Captain Manuel might have burned her letters when he heard there was a coroner's inquest in the house. But it was in her solicitor's experience (as it is in my experience too) that, when a woman is fond of a man, in ninety-nine cases out of a hundred, risk or no risk, she keeps his letters. Having his suspicions roused in this way, the lawyer privately made some inquiries about the foreign captain, and found that he was as short of money as a foreign captain could be. At the same time, he put some questions to his client about her expectations from her deceased husband. She answered, in high indignation, that a will had been found among her husband's papers, privately executed only a few days before his death, and leaving her no more, out of all his immense fortune, than five thousand pounds. 'Was there an older will, then,' says the lawyer, 'which the new will revoked?' Yes, there was; a will that he had given into her own possession—a will made when they were first married. 'Leaving his widow well provided for?' Leaving her just ten times as much as the second will left her. 'Had she ever mentioned that first will, now revoked, to Captain Manuel?' She saw the trap set for her, and said, 'No, never!' without an instant's hesitation. That reply confirmed the lawyer's suspicions. He tried to frighten her by declaring that her life might pay the forfeit of her deceiving him in this matter. With the usual obstinacy of women, she remained just as immovable as ever. The captain, on his side, behaved in the most exemplary manner. He confessed to planning the elopement; he declared that he had burned all the lady's letters as they reached him, out of regard for her reputation; he remained in the neighborhood; and he volunteered to attend before the magistrates. Nothing was discovered that could legally connect him with the crime, or that could put him into court on the day of the trial, in any other capacity than the capacity of a witness. I don't believe myself that there's any moral doubt (as they call it) that Manuel knew of the will which left her mistress of fifty thousand pounds; and that he was ready and willing, in virtue of that circumstance, to marry her on Mr. Waldron's death. If anybody tempted her to effect her own release from her husband by making herself a widow, the captain must have been the man. And unless she contrived, guarded and watched as she was, to get the poison for herself, the poison must have come to her in one of the captain's letters."
"I don't believe she used it, if it did come to her!" exclaimed Mr. Bashwood. "I believe it was the captain himself who poisoned her husband!"
Bashwood the younger, without noticing the interruption, folded up the Instructions for the Defense, which had now served their purpose, put them back in his bag, and produced a printed pamphlet in their place.
"Here is one of the published Reports of the Trial," he said, "which you can read at your leisure, if you like. We needn't waste time now by going into details. I have told you already how cleverly her counsel paved his way for treating the charge of murder as the crowning calamity of the many that had already fallen on an innocent woman. The two legal points relied on for the defense (after this preliminary flourish) were: First, that there was no evidence to connect her with the possession of poison; and, secondly, that the medical witnesses, while positively declaring that her husband had died by poison, differed in their conclusions as to the particular drug that had killed him. Both good points, and both well worked; but the evidence on the other side bore down everything before it. The prisoner was proved to have had no less than three excellent reasons for killing her husband. He had treated her with almost unexampled barbarity; he had left her in a will (unrevoked so far as she knew) mistress of a fortune on his death; and she was, by her own confession, contemplating an elopement with another man. Having set forth these motives, the prosecution next showed by evidence, which was never once shaken on any single point, that the one person in the house who could by any human possibility have administered the poison was the prisoner at the bar. What could the judge and jury do, with such evidence before them as this? The verdict was Guilty, as a matter of course; and the judge declared that he agreed with it. The female part of the audience was in hysterics; and the male part was not much better. The judge sobbed, and the bar shuddered. She was sentenced to death in such a scene as had never been previously witnessed in an English court of justice. And she is alive and hearty at the present moment; free to do any mischief she pleases, and to poison, at her own entire convenience, any man, woman, or child that happens to stand in her way. A most interesting woman! Keep on good terms with her, my dear sir, whatever you do, for the Law has said to her in the plainest possible English, 'My charming friend, I have no terrors for you!'"
"How was she pardoned?" asked Mr. Bashwood, breathlessly. "They told me at the time, but I have forgotten. Was it the Home Secretary? If it was, I respect the Home Secretary! I say the Home Secretary was deserving of his place."
"Quite right, old gentleman!" rejoined Bashwood the younger. "The Home Secretary was the obedient humble servant of an enlightened Free Press, and he was deserving of his place. Is it possible you don't know how she cheated the gallows? If you don't, I must tell you. On the evening of the trial, two or three of the young buccaneers of literature went down to two or three newspaper offices, and wrote two or three heart-rending leading articles on the subject of the proceedings in court. The next morning the public caught light like tinder; and the prisoner was tried over again, before an amateur court of justice, in the columns of the newspapers. All the people who had no personal experience whatever on the subject seized their pens, and rushed (by kind permission of the editor) into print. Doctors who had not attended the sick man, and who had not been present at the examination of the body, declared by dozens that he had died a natural death. Barristers without business, who had not heard the evidence, attacked the jury who had heard it, and judged the judge, who had sat on the bench before some of them were born. The general public followed the lead of the barristers and the doctors, and the young buccaneers who had set the thing going. Here was the law that they all paid to protect them actually doing its duty in dreadful earnest! Shocking! shocking! The British Public rose to protest as one man against the working of its own machinery; and the Home Secretary, in a state of distraction, went to the judge. The judge held firm. He had said it was the right verdict at the time, and he said so still. 'But suppose,' says the Home Secretary, 'that the prosecution had tried some other way of proving her guilty at the trial than the way they did try, what would you and the jury have done then?' Of course it was quite impossible for the judge to say. This comforted the Home Secretary, to begin with. And, when he got the judge's consent, after that, to having the conflict of medical evidence submitted to one great doctor; and when the one great doctor took the merciful view, after expressly stating, in the first instance, that he knew nothing practically of the merits of the case, the Home Secretary was perfectly satisfied. The prisoner's death-warrant went into the waste-paper basket; the verdict of the law was reversed by general acclamation; and the verdict of the newspapers carried the day. But the best of it is to come. You know what happened when the people found themselves with the pet object of their sympathy suddenly cast loose on their hands? A general impression prevailed directly that she was not quite innocent enough, after all, to be let out of prison then and there! Punish her a little—that was the state of the popular feeling—punish her a little, Mr. Home Secretary, on general moral grounds. A small course of gentle legal medicine, if you love us, and then we shall feel perfectly easy on the subject to the end of our days."