Part 26 (1/2)
”If justice,” said the judge, ”could on an occasion waive her claim to a subordinate link in the testimony she requires, it would certainly be in a case so painful and affecting as this. Still, we cannot permit personal feeling, however amiable, or domestic attachment, however strong, to impede her progress when redressing public wrong. Although the duty be painful, and we admit that such a duty is one of unexampled agony, yet it must be complied with; and you consequently will answer the question which the counsel has put to you. The interests of society require such sacrifices, and they must be made.”
The old man kept his eyes fixed on the judge while he spoke, but when he had ceased he again fixed them on his son.
”My lord,” he exclaimed again, with clasped hands, ”I can't, I can't!”
”There is nothing criminal, or improper, or sinful in it,” replied the judge; ”on the contrary, it is your duty, both as a Christian and a man.
Remember, you have this moment sworn to tell the truth, and the whole truth; you consequently must keep your oath.”
”What you say, sir, may be right, an' of coorse is; but oh, my lord, I'm not able; I can't get out the words to hang my only boy. If I said anything to hurt him, my heart 'ud break before your eyes. May be you don't know the love of a father for an only son?”
”Perhaps, my lords,” observed the attorney-general, ”it would be desirable to send for a clergyman of his own religion, who might succeed in prevailing on him to--”
”No,” interrupted Fardorougha; ”my mind's made up; a word against him will never come from my lips, not for priest or friar. I'd die widout the saykerment sooner.”
”This is trifling with the court,” said the judge, a.s.suming an air of severity, which, however, he did not feel. ”We shall be forced to commit you to prison unless you give evidence.”
”My lord,” said Fardorougha, meekly, but firmly, ”I am willin' to go to prison--I am willin' to die with him, if he is to die, but I neither can nor will open my lips against him. If I thought him guilty I might; but I know he is innocent--my heart knows it; an' am I to back the villain that's strivin' to swear his life away? No, Connor avourneen, whatever they do to you, your father will have no hand in it.”
The court, in fact, were perplexed in the extreme. The old man was not only firm, from motives of strong attachment, but intractable from an habitual narrowness of thought, which prevented him from taking that comprehensive view of justice and judicial authority which might overcome the repugnance of men less obstinate from ignorance of legal usages.
”I ask you for the last time,” said the judge, ”will you give your evidence? because, if you refuse, the court will feel bound to send you to prison.”
”G.o.d bless you, my lord! that's a relief to my heart. Anything, anything, but to say a word against a boy that, since the day he was born, never vexed either his mother or myself. If he gets over this, I have much to make up to him; for, indeed, I wasn't the father to him that I ought. Avick machree, now I feel it, may be whin it's too late.”
These words affected all who heard them, many even to tears.
”I have no remedy,” observed the judge. ”Tipstaff, take away the witness to prison. It is painful to me,” he added, in a broken voice, ”to feel compelled thus to punish you for an act which, however I may respect the motives that dictate it, I cannot overlook. The ends of justice cannot be frustrated.”
”Mylord,” exclaimed the prisoner, ”don't punish the old man for refusing to speak against me. His love for me is so strong that I know he couldn't do it. I will state the truth myself, but spare him. I did not sleep in my own bed on the night Mr. O' Brien's haggard was burned, nor on the night before it. I slept in my father's barn, with Flanagan; both times at his own request but I did not then suspect his design in asking me.”
”This admission, though creditable to your affection and filial duty, was indiscreet,” observed the judge. ”Whatever you think might be serviceable, suggest to your attorney, who can communicate it to your counsel.”
”My lord,” said Connor, ”I could not see my father punished for loving me as he does an' besides I have no wish to conceal anything. If the whole truth could be known I would stand but a short time where I an nor would Flanagan be long out of it.”
There is an earnest and impressive tone in truth, especially when spoken under circ.u.mstances of great difficulty, where it is rather disadvantageous to him who utters it, that in many instances produces conviction by an inherent candor which all feel, without as process of reasoning or argument. Theis was in those few words a warmth of affection towards his father, and a manly simplicity heart, each of which was duly appreciated by the a.s.sembly about him, who felt, without knowing why, the indignant scorn of falsehood that so emphatically pervaded his expressions. It was indeed impossible to hear them, and look upon his n.o.ble countenance and figure, without forgetting the humbleness of his rank in life, and feeling for him a marked deference and respect.
The trial then proceeded; but, alas! the hopes of Connor's friends abandoned them at its conclusion; for although the judge's charge was as favorable as the nature of the evidence permitted, yet it was quite clear that the jury had only one course to pursue, and that was to bring in a conviction. After the lapse of about ten minutes, they returned to the jury--box, and, as the foreman handed down their verdict, a feather might have been heard falling in the court. The faces of the spectators got pale, and the hearts of strong men beat as if the verdict about to be announced were to fall upon themselves, and not upon the prisoner. It is at all times an awful and trying ceremony to witness, but on this occasion it was a much more affecting one than had occurred in that court for many years. As the foreman handed down the verdict, Connor's eye followed the paper with the same calm resolution which he displayed during the trial. On himself there was no change visible, unless the appearance of two round spots, one on each cheek, of a somewhat deeper red than the rest. At length, in the midst of the dead silence, p.r.o.nounced in a voice that reached to the remotest extremity of the court, was heard the fatal sentence--”Guilty;” and afterwards, in a less distinct manner--”with our strongest and most earnest recommendation for mercy, in consequence of his youth and previous good character.” The wail and loud sobbings of the female part of the crowd, and the stronger but more silent grief of the men, could not, for many minutes, be repressed by any efforts of the court or its officers. In the midst of this, a little to the left of the dock, was an old man, whom those around him were conveying in a state of insensibility out of the court; and it was obvious that, from motives of humane consideration for the prisoner, they endeavored to prevent him from ascertaining that it was his father. In this, however, they failed; the son's eye caught a glimpse of his grey locks, and it was observed that his cheek paled for the first time, indicating, by a momentary change, that the only evidence of agitation he betrayed was occasioned by sympathy in the old man's sorrows, rather than by the contemplation of his own fate.
The tragic spirit of the day, however, was still to deepen, and a more stunning blow, though less acute in its agony, was to fall upon the prisoner. The stir of the calm and solemn jurors, as they issued out of their room; the hushed breaths of the spectators, the deadly silence that prevails, and the appalling announcement of the word ”Guilty,” are circ.u.mstances that test in man fort.i.tude, more even than the pa.s.sing of the fearful sentence itself. In the latter case, hope is banished, and the worst that can happen known; the mind is, therefore, thrown back upon its last energies, which give it strength in the same way in which the death-struggle frequently arouses the muscular action of the I body--an unconscious power or resistance that forces the culprit's heart to take refuge in the first and strongest instincts of its nature, the undying principle of self-preservation. No sooner was the verdict returned and silence obtained, than the judge, now deeply affected, put on the black cap, at which a low wild murmur of stifled grief and pity rang through the court-house; but no sooner was his eye bent on the prisoner than their anxiety to hear the sentence hushed them once more into the stillness of the grave. The prisoner looked upon him with an open but melancholy gaze, which, from the candid and manly character of his countenance, was touching in the extreme.
”Connor O'Donovan,” said the judge, ”have you anything to say why sentence of death should not be pa.s.sed upon you?”
”My lord,” he replied, ”I can say nothing to prevent it. I am prepared for it. I know I must bear it, and I hope I will bear it as a man ought, that feels his heart free from even a thought of the crime he is to die for. I have nothing more to say.”
”You have this day been found guilty,” proceeded the judge, ”and, in the opinion of the court, upon clear and satisfactory evidence, of a crime marked by a character of revenge, which I am bound to say must have proceeded from a very malignant spirit. It was a wanton act, for the perpetration of which your motives were so inadequate, that one must feel at a loss to ascertain the exact principle on which you committed it. It was also not only a wicked act, but one so mean, that a young man bearing the character of spirit and generosity which you have hitherto borne, as appears from the testimony of those respectable persons who this day have spoken in your favor, ought to have scorned to contemplate it even for a moment. Had the pa.s.sion you entertained for the daughter of the man you so basely injured, possessed one atom of the dignity, disinterestedness, or purity of true affection, you never could have stooped to any act offensive to the object of your love, or to those even in the remotest degree related to her. The example, consequently, which you have held out to society, is equally vile and dangerous. A parent discharges the most solemn and important of all duties, when disposing of his children in marriage, because by that act he seals their happiness or misery in this life, and most probably in that which is to come. By what tie, by what duty, by what consideration, is not a parent bound to consult the best interests of those beloved beings whom he has brought into the world, and who, in a great measure, depend upon him as their dearest relative, their guardian by the voice of nature, for the fulfilment of those expectations upon which depend the princ.i.p.al comforts and enjoyments of life? Reason, religion, justice, instinct, the whole economy of nature, both in man and the inferior animals, all teach him to secure for them, as far as in him lies, the greatest sum of human happiness; but if there be one duty more sacred and tender than another, it is that which a parent is called upon to exercise on behalf of a daughter. The son, impressed by that original impulse which moves him to a.s.sume a loftier place in the conduct of life, and gifted also with a stronger mind, and clearer judgment, to guide him in its varied transactions, goes abroad into society, and claims for himself a bolder right of thought and a wider range of action, while determining an event which is to exercise, as marriage does, such an important influence upon his own future condition, and all the relations that may arise out of it. From this privilege the beautiful and delicate framework of woman's moral nature debars her, and she is consequently forced, by the graces of her own modesty--by the finer texture of her mind--by her greater purity and gentleness--in short, by all her virtues, into a tenderer and more affecting dependence upon the judgment and love of her natural guardians, whose pleasure is made, by a wise decree of G.o.d, commensurate with their duty in providing for her wants and enjoyments. There is no point of view in which the parental character s.h.i.+nes forth with greater beauty than that in which it appears while working for and promoting the happiness of a daughter. But you, it would seem, did not think so. You punished the father by a dastardly and unmanly act, for guarding the future peace and welfare of a child so young, and so dear to him. What would become of society if this exercise of a parent's right on behalf of his daughter were to be visited upon him as a crime, by every vindictive and disappointed man, whose affection for them he might, upon proper grounds, decline to sanction? Yet it is singular, and, I confess, almost inexplicable to me at least, why you should have rushed into the commission of such an act. The brief period of your existence has been stained by no other crime. On the contrary, you have maintained a character far above your situation in life--a character equally remarkable for gentleness, spirit, truth, and affection--all of which your appearance and bearing have this day exhibited. Your countenance presents no feature expressive of ferocity, or of those headlong propensities which lead to outrage; and I must confess, that on no other occasion in my judicial life have I ever felt my judgment and my feelings so much at issue. I cannot doubt your guilt, but I shed those tears that it ever existed, and that a youth of so much promise should be cut down prematurely by the strong arm of necessary justice, leaving his bereaved parents bowed down with despair that can never be comforted. Had they another son--or another child, to whom their affections could turn--”
Here the judge felt it necessary to pause, in consequence of his emotions. Strong feelings had, indeed, spread through the whole court, in which, while he ceased, could be heard low moanings, and other symptoms of acute sorrow.
”It is now your duty to forget every earthly object on which your heart may have been fixed, and to seek that source of consolation and mercy which can best sustain and comfort you. Go with a penitent heart to the throne of your Redeemer, who, if your repentance be sincere, will in no wise cast you out. Unhappy youth, prepare yourself, let me implore you, for an infinitely greater and more awful tribunal than this. There, should the judgment be in your favor, you will learn that the fate, which has cut you off in the bloom of early life, will bring an accession of happiness to your being for which no earthly enjoyment here, however prolonged or exalted, could compensate you. The recommendation of the jury to the mercy of the crown, in consideration of your youth and previous good conduct, will not be overlooked; but in the mean time the court is bound to p.r.o.nounce upon you the sentence of the law, which is, that you be taken from the prison from which you came, on the eighth of next month, at the hour of ten o'clock in the forenoon, to the front drop of the jail, and there hanged by the neck, until you be dead; and may G.o.d have mercy on your soul!”
”My lord,” said the prisoner, unmoved in voice or in manner, unless it might be that both expressed more decision and energy than he had shown during any other part of the trial; ”my lord, I am now a condemned man, but if I stood with the rope about my neck, ready to die, I would not exchange situations with the man that has: been my accuser. My lord, I can forgive him, and I ought, for I know he has yet to die, and must meet his G.o.d. As for myself, I am thankful that I have not such a conscience as his to bring before my Judge; and for this reason I am not afraid to die.”