‘Shortly after, perhaps as soon as the light was extinguished, the murder must have been committed. The very presence of that light had been guardianship to the helpless old man below. When it was quenched, nothing remained astir, the way from without was open, the weapon stood only too ready to hand, the memorandum-book gave promise of booty and was secured, though nothing else was apparently touched. It was this very book that contained the signature that would have exonerated the prisoner, and to which he fearlessly appealed upon his arrest at the Paddington Station, before, for his additional misfortune, he had time to discharge himself of his commission, and establish his innocence by the deposit of the money at the bank. He has thus for a while become the victim of a web of suspicious circumstances. But look at these very circumstances more closely, and they will be found perfectly consistent with the prisoner’s statement, never varying, be it remembered, from the explanation given to the policeman in first surprise and horror of the tidings of the crime.
‘It might have been perhaps thought that there was another alternative between entire innocence and a deliberate purpose of robbery and murder-namely, that reproof from the old man had provoked a blow, and that the means of flight had been hastily seized upon in the moment of confusion and alarm. This might have been a plausible line of defence, and secure of a favourable hearing; but I beg to state that the prisoner has distinctly refused any such defence, and my instructions are to contend for his perfect innocence. A nature such as we have already traced is, as we cannot but perceive, revolted by the bare idea of violence to the aged and infirm, and recoils as strongly from the one accusation as from the other.
‘The prisoner made his statement at the first moment, and has adhered to it in every detail, without confusion or self-contradiction. It does not attempt to explain all the circumstances, but they all tally exactly with his story; he is unable to show by whom the crime could have been committed, nor is he bound in law or justice so to do; nay, his own story shows the absolute impossibility of his being able to explain what took place in his absence. But mark how completely the established facts corroborate his narrative. Observe first the position in which the body was found, the head on the desk, the stain of blood corresponding with the wound, the dress undisturbed, all manifestly untouched since the fatal stroke was dealt. Could this have been the case, had the key of the drawer of gold been taken from the waistcoat pocket, the chain from about the neck of the deceased, and both replaced after the removal of the money and relocking the drawer! Can any one doubt that the drawer was opened, the money taken out, and the lock secured, while Mr. Axworthy was alive and consenting? Again, what robber would convey away the spoil in a bag bearing the initials of the owner, and that not caught up in haste, but fetched in for the purpose from the office? Or would so tell-tale a weapon as the rifle have been left conspicuously close at hand? There was no guilty precipitation, for the uniform had been taken off and folded up, and with a whole night before him, it would have been easy to reach a more distant station, where his person would not have been recognized. Why, too, if this were the beginning of a flight and exile, should no preparation have been made for passing a single night from home? why should a day-ticket have been asked for? No, the prisoner’s own straightforward, unvarnished statement is the only consistent interpretation of the facts, otherwise conflicting and incomprehensible.
‘That a murder has been committed is unhappily too certain. I make no attempt to unravel the mystery. I confine myself to the far more grateful task of demonstrating, that to fasten the imputation on the accused, would be to overlook a complication of inconsistencies, all explained by his own account of himself, but utterly inexplicable on the hypothesis of his guilt.
‘Circumstantial evidence is universally acknowledged to be perilous ground for a conviction; and I never saw a case in which it was more manifestly delusive than in the present, bearing at first an imposing and formidable aspect, but on examination, confuted in every detail. Most assuredly,’ continued the counsel, his voice becoming doubly earnest, ‘while there is even the possibility of innocence, it becomes incumbent on you, gentlemen of the jury, to consider well the fearful consequences of a decision in a matter of life or death—a decision for which there can be no reversal. The facts that have come to light are manifestly incomplete. Another link in the chain has yet to be added; and when it shall come forth, how will it be if it should establish the guiltlessness of the prisoner too late? Too late, when a young life of high promise, and linked by close family ties, and by bonds of ardent friendship with so many, has been quenched in shame and disgrace, for a crime to which he may be an utter stranger.
‘The extinction of the light in that upper window was the sign for darkness and horror to descend on the mill! Here is the light of life still burning, but a breath of yours can extinguish it in utter gloom, and then who may rekindle it! Nay, the revelation of events that would make the transactions of that fatal night clear as the noonday, would never avail to rekindle the lamp, that may yet, I trust, shine forth to the world—the clearer, it may be, from the unmerited imputations, which it has been my part to combat, and of which his entire life is a confutation.’
Mrs. Pugh was sobbing under her veil; Gertrude felt the cause won. Tom noiselessly clapped the orator behind his brother’s back, and nodded his approval to his father. Even Leonard lifted up his face, and shot across a look, as if he felt deliverance near after the weary day, that seemed to have been a lifetime already, though the sunbeams were only beginning to fall high and yellow on the ceiling, through the heated stifling atmosphere, heavy with anxiety and suspense. Doctor May was thinking of the meeting after the acquittal, of the telegram to Stoneborough, of the sister’s revival, and of Ethel’s greeting.
Still the judge had to sum up; and all eyes turned on him, knowing that the fate of the accused would probably depend on the colouring that the facts adduced would assume in his hands. Flora, who met him in society, was struck by the grave and melancholy bracing, as it were, of the countenance, that she had seen as kindly and bright as her father’s; and the deep, full voice, sad rather than stern, the very tone of which conveyed to every mind how heavy was the responsibility of justice and impartiality. In effect, the very force of the persuasions made for the defence, unanswered by the prosecution, rendered it needful for him to give full weight to the evidence for the other side; namely, the prisoner’s evident impatience of his position, and premeditated flight, the coincidence of the times, the being the last person seen to enter the room, and with the very weapon that had been the instrument of the crime; the probability that the deceased had himself opened the drawer, the open window, the flight, and the missing sum being found on his person, the allegation that the receipt would be found in the pocket-book, unsupported by any testimony as to the practice of the deceased; the strangeness of leaving the premises so much too early for the train, and, by his own account, leaving a person prowling in the court, close to his uncle’s window. No opinion was given; but there was something that gave a sense that the judge felt it a crushing weight of evidence. Yet so minutely was every point examined, so carefully was every indication weighed which could tend to establish the prisoner’s innocence, that to those among his audience who believed that innocence indubitable, it seemed as if his arguments proved it, even more triumphantly than the pleading of the counsel, as, vibrating between hope and fear, anxiety and gratitude, they followed him from point to point of the unhappy incident, hanging upon every word, as though each were decisive.