Poor Doctor! That was a cruel piece of evidence; and his son and daughters opposite wondered how he could utter it in that steady matter-of-fact way; but they knew him to be sustained by hopes of the cross-examination; and he soon had the opportunity of declaring that he had known Leonard Ward from infancy, without being aware of any imputation against him; but had always seen him highly principled and trustworthy, truthful and honourable, kind-hearted and humane—the last person to injure the infirm or aged.
Perhaps the good Doctor, less afraid of the sound of his own voice, and not so much in awe as some of the other witnesses, here in his eagerness overstepped the bounds of prudence. His words indeed brought a tremulous flicker of grateful emotion over the prisoner’s face; but by carrying the inquiry into the region of character and opinion, he opened the door to a dangerous re-examination by the Crown lawyer, who required the exact meaning of his unqualified commendation, especially in the matter of humanity, demanding whether he had never known of any act of violence on the prisoner’s part. The colour flushed suddenly into Leonard’s face, though he moved neither eye nor lip; but his counsel appealed to the judge, and the pursuit of this branch of the subject was quashed as irrelevant; but the Doctor went down in very low spirits, feeling that his evidence had been damaging, and his hopes of any ray of light becoming fainter.
After this, the village policeman repeated the former statements, as to the state of the various rooms, the desk, locked and untouched, the rifle, boat, &c., further explaining that the distance from the mill to Blewer Station, by the road was an hour and half’s walk, by the fields, not more than half an hour’s.
The station-master proved the prisoner’s arrival at midnight, his demand of a day-ticket, his being without luggage, and in a black suit; and the London policeman proved the finding of the money on his person, and repeated his own explanation of it.
The money was all in sovereigns, except one five and one ten-pound note, and Edward Hazlitt, the clerk of the Whitford Bank, was called to prove the having given the latter in change to Mr. Axworthy for a fifty-pound cheque, on the 10th of May last.
This same clerk had been at the volunteer drill on the evening of the 5th of July, had there seen the prisoner, had parted with him at dusk, towards nine o’clock, making an engagement with him to meet on Blewer Heath for some private practice at seven o’clock on Monday evening. Thought Mr. Axworthy did sometimes employ young Ward on his commissions; Mr. Axworthy had once sent him into Whitford to pay in a large sum, and another time with an order to be cashed. The dates of these transactions were shown in the books; and Hazlitt added, on further interrogation, that Samuel Axworthy could not have been aware of the sum being sent to the bank, since he had shortly after come and desired to see the account, which had been laid before him as confidential manager, when he had shown surprise and annoyance at the recent deposit, asking through whom it had been made. Not ten days subsequently, an order for nearly the entire amount had been cashed, signed by the deceased, but filled up in Samuel’s handwriting.
This had taken place in April; and another witness, a baker, proved the having paid the five-pound note to old Mr. Axworthy himself on the 2nd of May.
Samuel Axworthy himself was next called. His florid face wore something of the puffed, stupefied look it had had at the inquest, but his words were ready, and always to the point. He identified the bag in which the money had been found, giving an account of it similar to Hardy’s, and adding that he had last seen it lying by his cousin’s desk. His uncle had no account with any London bank, all transactions had of late passed through his own hands, and he had never known the prisoner employed in any business of importance—he could not have been kept in ignorance of it if it had previously been the case. The deceased had a black shagreen pocket-book, with a silver clasp, which he occasionally used, but the witness had never known him give it out of his own hand, nor take a receipt in it. Had not seen it on the morning of the 6th, nor subsequently. Could not account for the sum found on the person of the prisoner, whose salary was L50 per annum, and who had no private resources, except the interest of L2000, which, he being a minor, was not in his own hands. Deceased was fond of amassing sovereigns, and would often keep them for a longtime in the drawer of his desk, as much as from L50 to L100. There was none there when the desk was opened on the 6th of July, though there had certainly been gold there two days previously. It was kept locked. It had a small Bramah key, which his uncle wore on his watch-chain, in his waistcoat pocket. The drawer was locked when he saw it on the morning of the 6th.
The Doctor, who had joined his children, gave a deep respiration, and relaxed the clenching of his hand, as this witness went down.
Then it came to the turn of Aubrey Spencer May. The long waiting, after his nerves had been wound up, had been a severe ordeal, and his delicacy of constitution and home breeding had rendered him peculiarly susceptible. With his resemblance to his father in form and expression, it was like seeing the Doctor denuded of that shell of endurance with which he had contrived to conceal his feelings. The boy was indeed braced to resolution, bat the resolution was equally visible with the agitation in the awe-stricken brow, varying colour, tightened breath, and involuntary shiver, as he took the oath. Again Leonard looked up with one of his clear bright glances, and perhaps a shade of anxiety; but Aubrey, for his own comfort, was too short-sighted for meeting of eyes from that distance.
Seeing his agitation, and reckoning on his evidence, the counsel gave him time, by minutely asking if his double Christian name were correctly given, his age, and if he were not the son of Dr. May.
‘You were the prisoner’s school-fellow, I believe?’
‘No,’ faltered Aubrey.
‘But you live near him?’
‘We are friends,’ said Aubrey, with sudden firmness and precision; and from the utterance of that emphatic are, his spirit returned.
‘Did you often see him?’
‘On most Sundays, after church.’
‘Did you ever hear him say he had any thoughts of the means of leaving the mill privately?’
‘Something like it,’ said Aubrey, turning very red.
‘Can you tell me the words?’
‘He said if things went on, that I was not to be surprised if I heard non est inventus,’ said Aubrey, speaking as if rapidity would conceal the meaning of the words, but taken aback by being made to repeat and translate them to the jury.
‘And did he mention any way of escaping?’
‘He said the window and cedar-tree were made for it, and that he often went out that way to bathe,’ said Aubrey.
‘When did this conversation take place?’
‘On Sunday, the 22nd of June,’ said Aubrey, in despair, as the Crown lawyer thanked him, and sat down.
He felt himself betrayed into having made their talk wear the air of deliberate purpose, and having said not one word of what Mr. Bramshaw had hailed as hopeful. However, the defending barrister rose up to ask him what he meant by having answered ‘Something like it.’
‘Because,’ said Aubrey, promptly, ‘though we did make the scheme, we were neither of us in earnest.’
‘How do you know the prisoner was not in earnest?’
‘We often made plans of what we should like to do.’
‘And had you any reason for thinking this one of such plans!’
‘Yes,’ said Aubrey; ‘for he talked of getting gold enough to build up the market-cross, or else of going to see the Feejee Islands.