Part 22 (1/2)

'When I am asked to apply a rule of law to a state of facts,' he said, 'and it appears doubtful whether or no the facts are included in the strict wording of the rule, I think it rational to look behind the words to the meaning, and to ask whether the reason for the rule applies with equal force to the facts now before me. Now, the reason I am able to discover for Sir Matthew Hale's rule is the danger of condemning anyone on a capital charge when you cannot be quite sure that a capital crime has been committed. It is no use to say to me that the jury believe this, that, or the other. The jury may believe it will be a fine day to-morrow, but that does not justify me in condemning a man to death on the a.s.sumption that it will be a fine day. The question is whether the jury are justified in coming to their verdict by cogent and decisive evidence. In this case I can see nothing of the sort. An eccentric old lady, with a mania for h.o.a.rding jewels, has disappeared in the night, carrying her jewels with her. A hand, identified as hers, because of the rings on it, was found on the beach next day. On those grounds, practically, we are asked to say that she is dead. I can only say that I decline to come to any such conclusion, and furthermore, I am quite satisfied that if Sir Matthew Hale were sitting on this bench to-day he would be in favour of quas.h.i.+ng this conviction.'

Two other judges at once subscribed this judgment, and finally, when all but the Chief Justice had spoken, it appeared that the court so far was evenly divided, and that Lord Christobel held the fate of the prisoner in his hands.

Possibly his lords.h.i.+p was not ill-pleased at this. He was a past master of dramatic effect, and in his hands the ancient dignity of Lord Chief Justice of England lost nothing of its imposing character.

It may be added that it lost nothing of that higher dignity conferred upon it by the Gascoignes of another age. Lord Christobel had shown on more than one occasion that all ranks, even the highest, were equal in the eye of the law as administered by him. He was the scourge of truckling magistrates, and a thorn in the side of those petty tyrants whom our peculiar system allows to flourish in rural districts in the degraded robes of justice.

He did not long keep the court in suspense. In a gracefully-worded judgment he endorsed the arguments of the prisoner's counsel, and p.r.o.nounced the conviction of Eleanor Owen to be void in law. The prisoner was to be discharged forthwith.

Hardly did Prescott wait for the closing words of the judgment before rus.h.i.+ng out to the telegraph office at the entrance to the Law Courts, and despatching a message to Eleanor, who was still in Abertaff gaol.

He followed this up by thrusting a few things into a bag, cas.h.i.+ng a cheque, and hurrying to Paddington, where he caught an express for the county town.

Within four hours he was in Eleanor's presence. She had waited for him in the prison, and now put on some outdoor things. He led her to the door, where the governor took a courteous leave of them, and they pa.s.sed through the gates.

When she found herself for the first time in the open air, Eleanor's limbs shook beneath her. She looked wildly round, as if fearing to behold some disagreeable object, and then begged Prescott to take her to a seat.

They had emerged into a wide, dirty street, formed by the prison wall on one side and a row of shabby little houses and shops on the other.

A few boys were playing marbles on the path, and Eleanor never saw the game afterwards without remembering that evening.

The sun was about to set as they took their way by the quietest route to a little public garden in the neighbourhood, where was a gra.s.s plot and some seats. There they stopped, and sat down for a short time to decide on Eleanor's future steps.

Eleanor's first words struck heavily in the ears of her companion.

'I almost wish myself back again. Where am I to go now?' And she s.h.i.+vered slightly.

'Oh, Eleanor, don't say that! To-night you must go to some hotel in the town, but to-morrow we will go up to town together, and I will find you lodgings for a time.'

She turned and looked at him sorrowfully, not reproachfully, and shook her head.

'No, no. You forget what I said to you before. I have accepted your friends.h.i.+p, and I need not tell you how grateful I am for it, and for your efforts in obtaining my release. But I am still where I was, as far as the world is concerned. They will go on believing me guilty, and while they do I cannot let you a.s.sociate with me.'

'Oh, why not? Surely you know by this time what you are to me? Need I tell you, Eleanor----'

She put up her hand.

'Hush, Charles!'

The word sent a thrill through him. He looked round. Some children were engrossed in a game a hundred yards and more away. The sunlight was fading from gold to crimson across the roofs and chimneys beyond.

The whole scene was still and Sabbath-like. A great peace seemed to speak to him, and bid him take courage and hope for better things. He turned again to Eleanor.

'Thank you,' he said, in acknowledgment of her tacit confession. 'But oh! if I am satisfied, what need you care for others? Listen: I have some money--more than enough to keep us for some years. We will go to Australia, where they have not heard of us; or, if they have, we will change our names. I can join the bar there, and do as well as here.

Are you not my only happiness? What are other things compared to that?'

Again she looked at him sorrowfully. Again she shook her head. Then she turned and gazed into the green and crimson of the sunset while she spoke.

'You would not speak like that if you knew me. Do you suppose I have not thought of all these things during my weary prison hours? I have done nothing else since I saw you, since I saw you and knew you loved me, Charles. But I must be strong where you are weak. I must decide in this matter without heeding your wishes. I must decide as your mother would, if you asked her. Would she wish you to marry a convicted murderess? I have to speak plainly, because I want you to understand me at once, Charles, and spare me the pain of further talk like this.