It had been proved, however, by the evidence of those who knew him best, of his workpeople, his servants, of this poor lad whom the prosecution had placed in the box as a witness against his brother, that this man's life was a long lie; that, smiling and pleasant as he appeared, he was a tyrant, a petty despot in his family, a hard master to his hands, a cruel master in his house. What wonder that between this lad and such a stepfather as this there was no love lost. There were scores, aye and thousands of boys in England who similarly hated their stepfathers, and was it to be said that, if any of the men came to a sudden and violent death, these boys were to be suspected of their murder. But in the present case, although he was not in a position to lay his finger upon the man who perpetrated this crime, they need not go far to look for him. Had they not heard that he was hated by his workpeople?
Evidence had been laid before them to show that he was a marked man, that he had received threatening-letters from secret associations which had, as was notorious, kept the south of Yorkshire, and indeed all that part of the country which was the seat of manufacture, in a state of alarm. So imminent was the danger considered that the magistrates had requested the aid of an armed force, and at the time this murder was committed there were soldiers actually stationed in the mill, besides a strong force in the town for the protection of this man from his enemies.
The counsel for the prosecution had given them his theory as to the actions of the prisoner, but he believed that that theory was altogether wide of the truth. It was known that an accident had taken place to the machinery, for the mill was standing idle for the day. It would be probable that the deceased would go over late in the evening to see how the work was progressing, as every effort was being made to get the machinery to run on the following morning. "What so probable, then, that the enemies of the deceased—and you know that he had enemies, who had sworn to take his life—should choose this opportunity for attacking him as he drove to or from the town. That an enemy was prowling round the mill, as has been suggested to you, I admit readily enough. That he stumbled upon the rope, that the idea occurred to him of upsetting the gig on its return, that he cut off a portion of the rope and fixed it between the two gateposts across the road, and that this rope caused the death of William Mulready. All this I allow; but I submit to you that the man who did this was a member of the secret association which is a terror to the land, and was the terror of William Mulready, and there is no proof whatever, not even the shadow of a proof, to connect this lad with the crime.
" I am not speaking without a warrant when I assert my conviction that it was an emissary of the association known as the Luddites who had a hand in this matter, for I am in possession of a document, which unfortunately I am not in a position to place before you, as it is not legal evidence, which professes to be written by the man who perpetrated this deed, and who appears, although obedient to the behests of this secret association of which he is a member, to be yet a man not devoid of heart, who says that if this innocent young man is found guilty of this crime he will himself come forward and confess that he did it.
"Therefore, gentlemen of the jury, there is every reason to believe that the slayer of William Mulready is indeed within these walls, but assuredly he is not the most unfortunate and ill-treated young man who stands in the dock awaiting your verdict to set him free."
The summing up was brief. The judge commenced by telling the jury that they must dismiss altogether from their minds the document of which the counsel for the defence had spoken, and to which, as it had not been put into court, and indeed could not be put into court, it was highly irregular and improper for him to have
alluded. They must, he said, dismiss it altogether from their minds. Their duty was simple, they were to consider the evidence before them. They had heard of the quarrel which had taken place between the deceased and the prisoner. They had heard the threat used by the prisoner that he would kill the deceased if he had an opportunity, and they had to decide whether he had, in accordance with the theory of the prosecution, carried that threat into effect; or whether on the other hand, as the defence suggested, the deceased had fallen a victim to the agent of the association which had threatened his life. He was bound to tell them that if they entertained any doubt as to the guilt of the prisoner at the bar they were bound to give him the benefit of the doubt.
The jury consulted together for a short time, and then expressed their desire to retire to consider their verdict. They were absent about half an hour, and on their return the foreman said in reply to the question of the judge that they found the prisoner " Not Guilty."
A perfect silence reigned in the court when the jury entered the box, and something like a sigh of relief followed their verdict. It was expected, and indeed there was some surprise when the jury retired, for the general opinion was that whether guilty or innocent the prosecution had failed to bring home unmistakably the crime to the prisoner. That he might have committed it was certain, that he had committed it was probable, but it was assuredly not proved that he and none other had been the perpetrator of the crime.
Of all the persons in the court the accused had appeared the least anxious as to the result. He received almost with indifference the assurances which Mr. Wakefield, who was sitting at the solicitor's table below him, rose to give him, that the jury could not find a verdict against him, and the expression of his face was unchanged when the foreman announced the verdict.
He was at once released from the dock. His solicitor Dr. Green, and Mr. Porson warmly shook his hand, and Charlie threw his arms round his neck and cried in his joy and excitement.
" It is all right, I suppose," Ned said as, surrounded by his friends, he left the court, " but I would just as lief the verdict had gone the other way."
" Oh! Ned, how can you say so?" Charlie exclaimed.
" Well, no, Charlie," Ned corrected himself. " I am glad for your sake and Lucy's that I am acquitted; it would have been awful for you if I had been hung—it is only for myself that I don't care. The verdict only means that they have not been able to prove me guilt}^, and I have got to go on living all my life knowing that I am suspected of being a murderer. It is not a nice sort of thing, you know," and he laughed drearily.
" Come, come, Ned," Mr. Porson said cheerily, " you mustn't take too gloomy a view of it. It is natural enough that you should do so now, for you have gone through a great deal, and you are overwrought and worn out; but this will pass off, and you will find things are not as bad as you think. It is true that there may
be some, not many, I hope, who will be of opinion that the verdict was like the Scotch verdict ' Not Proven,' rather than 'Not Guilty;' but I am sure the great majority will believe you innocent. You have got the doctor here on your side, and he is a host in himself. Mr. Simmonds told me when the jury were out of the court that he was convinced you were innocent, and his opinion will go a long way in Marsden, and you must hope and trust that the time will come when your innocence will be not only believed in, but proved to the satisfaction of all by the discovery of the actual murderer."
" Ah!" Ned said, " if we ever find that out it will be all right; but unless we can do so I shall have this dreadful thing hanging over me all my life."
They had scarcely reached the hotel where Mr. Porson, the doctor, and Charlie were stopping, when Mr. Simmonds arrived.
"I have come to congratulate you, my boy," he said, shaking hands with Ned. "I can see that at present the verdict does not give so much satisfaction to you as to your friends, but that is natural enough. You have been unjustly accused and have had a very hard time of it, and you are naturally not disposed to look at matters in a cheerful light; but this gives us time, my boy, and time is everything. It is hard for you that your innocence has not been fully demonstrated, but you have your life before you, and we must hope that some day you will be triumphantly vindicated."