CHAPTER V. THE TRIAL.
"Equal to either fortune."--Speech of Eugene Aram.
A thought comes over us, sometimes, in our career of pleasure, or the
troublous exultation of our ambitious pursuits; a thought come over us,
like a cloud, that around us and about us Death--Shame--Crime--Despair,
are busy at their work. I have read somewhere of an enchanted land, where
the inmates walked along voluptuous gardens, and built palaces, and heard
music, and made merry; while around, and within, the land, were deep
caverns, where the gnomes and the fiends dwelt: and ever and anon their
groans and laughter, and the sounds of their unutterable toils, or
ghastly revels, travelled to the upper air, mixing in an awful
strangeness with the summer festivity and buoyant occupation of those
above. And this is the picture of human life! These reflections of the
maddening disparities of the world are dark, but salutary:--
"They wrap our thoughts at banquets in the shroud;" [Young.]
but we are seldom sadder without being also wiser men!
The third of August 1759 rose bright, calm, and clear: it was the morning
of the trial; and when Ellinor stole into her sister's room, she found
Madeline sitting before the glass, and braiding her rich locks with an
evident attention and care.
"I wish," said she, "that you had pleased me by dressing as for a
holiday. See, I am going to wear the dress I was to have been married
in."
Ellinor shuddered; for what is more appalling than to find the signs of
gaiety accompanying the reality of anguish!
"Yes," continued Madeline, with a smile of inexpressible sweetness, "a
little reflection will convince you that this day ought not to be one of
mourning. It was the suspense that has so worn out our hearts. If he is
acquitted, as we all believe and trust, think how appropriate will be the
outward seeming of our joy! If not, why I shall go before him to our
marriage home, and in marriage garments. Ay," she added after a moment's
pause, and with a much more grave, settled, and intense expression of
voice and countenance--"ay; do you remember how Eugene once told us, that
if we went at noonday to the bottom of a deep pit, [Note: The remark is
in Aristotle. Buffon quotes it, with his usual adroit felicity, in, I
think, the first volume of his great work.] we should be able to see the
stars, which on the level ground are invisible. Even so, from the depths
of grief--worn, wretched, seared, and dying--the blessed apparitions and
tokens of Heaven make themselves visible to our eyes. And I know--I have
seen--I feel here," pressing her hand on her heart, "that my course is
run; a few sands only are left in the glass. Let us waste them bravely.
Stay, Ellinor! You see these poor withered rose-leaves: Eugene gave them
to me the day before--before that fixed for our marriage. I shall wear
them to-day, as I would have worn them on the wedding-day. When he
gathered the poor flower, how fresh it was; and I kissed off the dew: now
see it! But, come, come; this is trifling: we must not be late. Help me,
Nell, help me: come, bustle, quick, quick! Nay, be not so slovenly; I
told you I would be dressed with care to-day."
And when Madeline was dressed, though the robe sat loose and in large
folds over her shrunken form, yet, as she stood erect, and looked with a
smile that saddened Ellinor more than tears at her image in the glass,
perhaps her beauty never seemed of a more striking and lofty character,--
she looked indeed, a bride, but the bride of no earthly nuptials.
Presently they heard an irresolute and trembling step at the door, and
Lester knocking, asked if they were prepared.
"Come in, father," said Madeline, in a calm and even cheerful voice; and
the old man entered.
He cast a silent glance over Madeline's white dress, and then at his own,
which was deep mourning: the glance said volumes, and its meaning was not
marred by words from any one of the three.
"Yes, father," said Madeline, breaking the pause,--"We are all ready. Is
the carriage here?"
"It is at the door, my child."
"Come then, Ellinor, come!"--and leaning on her arm, Madeline walked
towards the door. When she got to the threshold, she paused, and looked
round the room.
"What is it you want?" asked Ellinor.
"I was but bidding all here farewell," replied Madeline, in a soft and
touching voice: "And now before we leave the house, Father,--Sister, one
word with you;--you have ever been very, very kind to me, and most of all
in this bitter trial, when I must have taxed your patience sadly--for I
know all is not right here, (touching her forehead)--I cannot go forth
this day without thanking you. Ellinor, my dearest friend--my fondest
sister--my playmate in gladness--my comforter in grief--my nurse in
sickness;--since we were little children, we have talked together, and
laughed together, and wept together, and though we knew all the thoughts
of each other, we have never known one thoughts that we would have
concealed from God;--and now we are going to part?--do not stop me, it
must be so, I know it. But, after a little while may you be happy again,
not so buoyant as you have been, that can never be, but still happy!--You
are formed for love and home, and for those ties you once thought would
be mine. God grant that I may have suffered for us both, and that when we
meet hereafter, you may tell me you have been happy here!"
"But you, father," added Madeline, tearing herself from the neck of her
weeping sister, and sinking on her knees before Lester, who leaned
against the wall convulsed with his emotions, and covering his face with
his hands--"but you,--what can I say to you?--You, who have never,--no,
not in my first childhood, said one harsh word to me--who have sunk all a
father's authority in a father's love,--how can I say all that I feel for
you?--the grateful overflowing, (paining, yet--oh, how sweet!)
remembrances which crowd around and suffocate me now?--The time will come
when Ellinor and Ellinor's children must be all in all to you--when of
your poor Madeline nothing will be left but a memory; but they, they will
watch on you and tend you, and protect your grey hairs from sorrow, as I
might once have hoped I also was fated to do."
"My child! my child! you break my heart!" faltered forth at last the poor
old man, who till now had in vain endeavoured to speak.
"Give me your blessing, dear father," said Madeline, herself overcome by
her feelings;--"Put your hand on my head and bless me--and say, that if I
have ever unconsciously given you a moment's pain--I am forgiven!"
"Forgiven!" repeated Lester, raising his daughter with weak and trembling
arms as his tears fell fast upon her cheek,--"Never did I feel what an
angel had sate beside my hearth till now!--But be comforted--be cheered.
What, if Heaven had reserved its crowning mercy till this day, and Eugene
be amongst us, free, acquitted, triumphant before the night!"
"Ha!" said Madeline, as if suddenly roused by the thought into new life:-
-"Ha! let us hasten to find your words true. Yes! yes!--if it should be
so--if it should. And," added she, in a hollow voice, (the enthusiasm
checked,) "if it were not for my dreams, I might believe it would be so:-
-But--come--I am ready now!"
The carriage went slowly through the crowd that the fame of the
approaching trial had gathered along the streets, but the blinds were
drawn down, and the father and daughter escaped that worst of tortures,
the curious gaze of strangers on distress. Places had been kept for them
in court, and as they left the carriage and entered the fatal spot, the
venerable figure of Lester, and the trembling and veiled forms that clung
to him, arrested all eyes. They at length gained their seats, and it was
not long before a bustle in the court drew off attention from them. A
buzz, a murmur, a movement, a dread pause! Houseman was first arraigned
on his former indictment, acquitted, and admitted evidence against Aram,
who was thereupon arraigned. The prisoner stood at the bar! Madeline
gasped for breath, and clung, with a convulsive motion, to her sister's
arm. But presently, with a long sigh she recovered her self-possession,
and sat quiet and silent, fixing her eyes upon Aram's countenance; and
the aspect of that countenance was well calculated to sustain her
courage, and to mingle a sort of exulting pride, with all the strained
and fearful acuteness of her sympathy. Something, indeed, of what he had
suffered, was visible in the prisoner's features; the lines around the
mouth in which mental anxiety generally the most deeply writes its
traces, were grown marked and furrowed; grey hairs were here and there
scattered amongst the rich and long luxuriance of the dark brown locks,
and as, before his imprisonment, he had seemed considerably younger than
he was, so now time had atoned for its past delay, and he might have
appeared to have told more years than had really gone over his head; but
the remarkable light and beauty of his eye was undimmed as ever, and
still the broad expanse of his forehead retained its unwrinkled surface
and striking expression of calmness and majesty. High, self-collected,
serene, and undaunted, he looked upon the crowd, the scene, the judge,
before and around him; and, even among those who believed him guilty,
that involuntary and irresistible respect which moral firmness always
produces on the mind, forced an unwilling interest in his fate, and even
a reluctant hope of his acquittal.
Houseman was called upon. No one could regard his face without a certain
mistrust and inward shudder. In men prone to cruelty, it has generally
been remarked, that there is an animal expression strongly prevalent in
the countenance. The murderer and the lustful man are often alike in the
physical structure. The bull-throat--the thick lips--the receding
forehead--the fierce restless eye--which some one or other says reminds
you of the buffalo in the instant before he becomes dangerous, are the
outward tokens of the natural animal unsoftened--unenlightened--
unredeemed--consulting only the immediate desires of his nature,
whatever be the passion (lust or revenge) to which they prompt. And this
animal expression, the witness of his character, was especially wrought,
if we may use the word, in House-man's rugged and harsh features;
rendered, if possible, still more remarkable at that time by a mixture of
sullenness and timidity. The conviction that his own life was saved,
could not prevent remorse at his treachery in accusing his comrade--a
sort of confused principle of which villains are the most susceptible,
when every other honest sentiment has deserted them.
With a low, choked, and sometimes a faltering tone, Houseman deposed,
that, in the night between the 7th and 8th of January 1744-5, sometime
before 11 o'clock, he went to Aram's house--that they conversed on
different matters--that he stayed there about an hour--that some three
hours afterwards he passed, in company with Clarke, by Aram's house, and
Aram was outside the door, as if he were about to return home--that Aram
invited them both to come in--that they did so--that Clarke, who intended
to leave the town before day-break, in order, it was acknowledged, to
make secretly away with certain property in his possession, was about to
quit the house, when Aram proposed to accompany him out of the town--that
he (Aram) and Houseman then went forth with Clarke--that when they came
into the field where St. Robert's Cave is, Aram and Clarke went into it,
over the hedge, and when they came within six or eight yards off the
Cave, he saw them quarrelling--that he saw Aram strike Clarke several
times, upon which Clarke fell, and he never saw him rise again--that he
saw no instrument Aram had, and knew not that he had any--that upon this,
without any interposition or alarm, he left them and returned home--that
the next morning he went to Aram's house, and asked what business he had
with Clarke last night, and what he had done with him? Aram replied not
to this question; but threatened him, if he spoke of his being in
Clarke's company that night; vowing revenge either by himself or some
other person if he mentioned any thing relating to the affair. This was
the sum of Houseman's evidence.
A Mr. Beckwith was next called, who deposed that Aram's garden had been
searched, owing to a vague suspicion that he might have been an
accomplice in the frauds of Clarke--that some parts of clothing, and also
some pieces of cambric which he had sold to Clarke a little while before,
were found there.
The third witness was the watchman, Thomas Barnet, who deposed, that
before midnight (it might be a little after eleven) he saw a person come
out from Aram's house, who had a wide coat on, with the cape about his
head, and seemed to shun him; whereupon he went up to him, and put by the
cape of his great coat, and perceived it to be Richard Houseman. He
contented himself with wishing him good night.
The officers who executed the warrant then gave their evidence as to the
arrest, and dwelt on some expressions dropped by Aram before he arrived
at Knaresbro', which, however, were felt to be wholly unimportant.
After this evidence there was a short pause;--and then a shiver, that
recoil and tremor which men feel at any exposition of the relics of the
dead, ran through the court; for the next witness was mute--it was the
skull of the Deceased! On the left side there was a fracture, that from
the nature of it seemed as it could only have been made by the stroke of
some blunt instrument. The piece was broken, and could not be replaced
but from within.
The surgeon, Mr. Locock, who produced it, gave it as his opinion that no
such breach could proceed from natural decay--that it was not a recent
fracture by the instrument with which it was dug up, but seemed to be of
many years' standing.
This made the chief part of the evidence against Aram; the minor points
we have omitted, and also such as, like that of Aram's hostess, would
merely have repeated what the reader knew before.
And now closed the criminatory evidence--and now the prisoner was asked,
in that peculiarly thrilling and awful question--What he had to say in
his own behalf? Till now, Aram had not changed his posture or his
countenance--his dark and piercing eye had for one instant fixed on each
witness that appeared against him, and then dropped its gaze upon the
ground. But at this moment a faint hectic flushed his cheek, and he
seemed to gather and knit himself up for defence. He glanced round the
court, as if to see what had been the impression created against him. His
eye rested on the grey locks of Rowland Lester, who, looking down, had
covered his face with his hands. But beside that venerable form was the
still and marble face of Madeline; and even at that distance from him,
Aram perceived how intent was the hush and suspense of her emotions. But
when she caught his eye--that eye which even at such a moment beamed
unutterable love, pity, regret for her--a wild, a convulsive smile of
encouragement, of anticipated triumph, broke the repose of her colourless
features, and suddenly dying away, left her lips apart, in that
expression which the great masters of old, faithful to Nature, give alike
to the struggle of hope and the pause of terror.
"My Lord," began Aram, in that remarkable defence still extant, and still
considered as wholly unequalled from the lips of one defending his own,
and such a, cause;--"My Lord, I know not whether it is of right, or
through some indulgence of your Lordship, that I am allowed the liberty
at this bar, and at this time, to attempt a defence; incapable and
uninstructed as I am to speak. Since, while I see so many eyes upon me,
so numerous and awful a concourse, fixed with attention, and filled with
I know not what expectancy, I labour, not with guilt, my Lord, but with
perplexity. For, having never seen a court but this, being wholly
unacquainted with law, the customs of the bar, and all judiciary
proceedings, I fear I shall be so little capable of speaking with
propriety, that it might reasonably be expected to exceed my hope, should
I be able to speak at all.
"I have heard, my Lord, the indictment read, wherein I find myself
charged with the highest of human crimes. You will grant me then your
patience, if I, single and unskilful, destitute of friends, and
unassisted by counsel, attempt something perhaps like argument in my
defence. What I have to say will be but short, and that brevity may be
the best part of it.
"My Lord, the tenor of my life contradicts this indictment. Who can look
back over what is known of my former years, and charge me with one vice--
one offence? No! I concerted not schemes of fraud--projected no violence-
-injured no man's property or person. My days were honestly laborious--my
nights intensely studious. This egotism is not presumptuous--is not
unreasonable. What man, after a temperate use of life, a series of
thinking and acting regularly, without one single deviation from a sober
and even tenor of conduct, ever plunged into the depth of crime
precipitately, and at once? Mankind are not instantaneously corrupted.
Villainy is always progressive. We decline from right--not suddenly, but
step after step.
"If my life in general contradicts the indictment, my health at that time
in particular contradicts it yet more. A little time before, I had been
confined to my bed, I had suffered under a long and severe disorder. The
distemper left me but slowly, and in part. So far from being well at the
time I am charged with this fact, I never, to this day, perfectly
recovered. Could a person in this condition execute violence against
another?--I, feeble and valetudinary, with no inducement to engage--no
ability to accomplish--no weapon wherewith to perpetrate such a fact;--
without interest, without power, without motives, without means!
"My Lord, Clarke disappeared: true; but is that a proof of his death? The
fallibility of all conclusions of such a sort, from such a circumstance,
is too obvious to require instances. One instance is before you: this
very castle affords it.
"In June 1757, William Thompson, amidst all the vigilance of this place,
in open daylight, and double-ironed, made his escape; notwithstanding an
immediate inquiry set on foot, notwithstanding all advertisements, all
search, he was never seen or heard of since. If this man escaped unseen
through all these difficulties, how easy for Clarke, whom no difficulties
opposed. Yet what would be thought of a prosecution commenced against any
one seen last with Thompson?
"These bones are discovered! Where? Of all places in the world, can we
think of any one, except indeed the church-yard, where there is so great
a certainty of finding human bones, as a hermitage? In times past, the
hermitage was a place, not only of religious retirement, but of burial.
And it has scarce, or never been heard of, but that every cell now known,
contains, or contained these relics of humanity; some mutilated--some
entire! Give me leave to remind your Lordship, that here sat SOLITARY
SANCTITY, and here the hermit and the anchorite hoped that repose for
their bones when dead, they here enjoyed when living. I glance over a few
of the many evidences that these cells were used as repositories of the
dead, and enumerate a few of the many caves similar in origin to St.
Robert's, in which human bones have been found." Here the prisoner
instanced, with remarkable felicity, several places, in which bones had
been found, under circumstances, and in spots analogous to those in
point. [Note: See his published defence.] And the reader, who will
remember that it is the great principle of the law, that no man can be
condemned for murder unless the body of the deceased be found, will
perceive at once how important this point was to the prisoner's defence.
After concluding his instances with two facts of skeletons found in
fields in the vicinity of Knaresbro', he burst forth--"Is then the
invention of those bones forgotten or industriously concealed, that the
discovery of these in question may appear the more extraordinary?
Extraordinary--yet how common an event! Every place conceals such
remains. In fields--in hills--in high-way sides--on wastes--on commons,
lie frequent and unsuspected bones. And mark,--no example perhaps occurs
of more than one skeleton being found in one cell. Here you find but one,
agreeable to the peculiarity of every known cell in Britain. Had two
skeletons been discovered, then alone might the fact have seemed
suspicious and uncommon. What! Have we forgotten how difficult, as in the
case of Perkin Warbeck and Lambert Symnell, it has been sometimes to
identify the living; and shall we now assign personality to bones--bones
which may belong to either sex? How know you that this is even the
skeleton of a man? But another skeleton was discovered by some labourer!
Was not that skeleton averred to be Clarke's full as confidently as this?
"My Lord, my Lord--must some of the living be made answerable for all the
bones that earth has concealed and chance exposed? The skull that has
been produced, has been declared fractured. But who can surely tell
whether it was the cause or the consequence of death. In May, 1732 the
remains of William Lord Archbishop of this province were taken up by
permission in their cathedral, the bones of the skull were found broken
as these are. Yet he died by no violence! by no blow that could have
caused that fracture. Let it be considered how easily the fracture on the
skull produced is accounted for. At the dissolution of religious houses,
the ravages of the times affected both the living and the dead. In search
after imaginary treasures, coffins were broken, graves and vaults dug
open, monuments ransacked, shrines demolished, Parliament itself was
called in to restrain these violations. And now are the depredations, the
iniquities of those times, to be visited on this? But here, above all,
was a castle vigorously besieged; every spot around was the scene of a
sally, a conflict, a flight, a pursuit. Where the slaughtered fell, there
were they buried. What place is not burial earth in war? How many bones
must still remain in the vicinity of that siege, for futurity to
discover! Can you, then, with so many probable circumstances, choose the
one least probable? Can you impute to the living what Zeal in its fury
may have done; what Nature may have taken off and Piety interred, or what
War alone may have destroyed, alone deposited?
"And now, glance over the circumstantial evidence, how weak, how frail! I
almost scorn to allude to it. I will not condescend to dwell upon it. The
witness of one man, arraigned himself! Is there no chance that to save
his own life he might conspire against mine?--no chance that he might
have committed this murder, if murder hath indeed been done? that
conscience betrayed to his first exclamation? that craft suggested his
throwing that guilt on me, to the knowledge of which he had unwittingly
confessed? He declares that he saw me strike Clarke, that he saw him
fall; yet he utters no cry, no reproof. He calls for no aid; he returns
quietly home; he declares that he knows not what became of the body, yet
he tells where the body is laid. He declares that he went straight home,
and alone; yet the woman with whom I lodged declares that Houseman and I
returned to my house in company together;--what evidence is this? and
from whom does it come?--ask yourselves. As for the rest of the evidence,
what does it amount to? The watchman sees Houseman leave my house at
night. What more probable, but what less connected with the murder, real
or supposed, of Clarke? Some pieces of clothing are found buried in my
garden. But how can it be shewn that they belonged to Clarke? Who can
swear to, who can prove any thing so vague? And if found there, even if
belonging to Clarke, what proof that they were there deposited by me? How
likely that the real criminal may in the dead of night have preferred any
spot, rather than that round his own home, to conceal the evidence of his
crime!
"How impotent such evidence as this! and how poor, how precarious, even
the strongest of mere circumstantial evidence invariably is! Let it rise
to probability, to the strongest degree of probability; it is but
probability still. Recollect the case of the two Harrisons, recorded by
Dr. Howell; both suffered on circumstantial evidence on account of the
disappearance of a man, who, like Clarke, contracted debts, borrowed
money, and went off unseen. And this man returned several years after
their execution. Why remind you of Jaques du Moulin, in the reign of
Charles the Second?--why of the unhappy Coleman, convicted, though
afterwards found innocent, and whose children perished for want, because
the world believed the father guilty? Why should I mention the perjury of
Smith, who, admitted king's-evidence, screened himself by accusing
Fainloth and Loveday of the murder of Dunn? the first was executed, the
second was about to share the same fate, when the perjury of Smith was
incontrovertibly proved.
"And now, my Lord, having endeavoured to shew that the whole of this
charge is altogether repugnant to every part of my life; that it is
inconsistent with my condition of health about that time; that no
rational inference of the death of a person can be drawn from his
disappearance; that hermitages were the constant repositories of the
bones of the recluse; that the proofs of these are well authenticated;
that the revolutions in religion, or the fortune of war, have mangled or
buried the dead; that the strongest circumstantial evidence is often
lamentably fallacious, that in my case, that evidence, so far from being
strong, is weak, disconnected, contradictory; what remains? A conclusion,
perhaps, no less reasonably than impatiently wished for. I, at last,
after nearly a year's confinement, equal to either fortune, entrust
myself to the candour, the justice, the humanity of your Lordship, and to
yours, my countrymen, gentlemen of the jury."
The prisoner ceased: and the painful and choking sensations of sympathy,
compassion, regret, admiration, all uniting, all mellowing into one
fearful hope for his acquittal, made themselves felt through the crowded
court.
In two persons only, an uneasy sentiment remained--a sentiment that the
prisoner had not completed that which they would have asked from him. The
one was Lester;--he had expected a more warm, a more earnest, though,
perhaps, a less ingenious and artful defence. He had expected Aram to
dwell far more on the improbable and contradictory evidence of Houseman,
and above all, to have explained away, all that was still left
unaccounted for in his acquaintance with Clarke (as we will still call
the deceased), and the allegation that he had gone out with him on the
fatal night of the disappearance of the latter. At every word of the
prisoner's defence, he had waited almost breathlessly, in the hope that
the next sentence would begin an explanation or a denial on this point:
and when Aram ceased, a chill, a depression, a disappointment, remained
vaguely on his mind. Yet so lightly and so haughtily had Aram approached
and glanced over the immediate evidence of the witnesses against him,
that his silence her might have been but the natural result of a disdain,
that belonged essentially to his calm and proud character. The other
person we referred to, and whom his defence had not impressed with a
belief in its truth, equal to an admiration for its skill, was one far
more important in deciding the prisoner's fate--it was the Judge!
But Madeline--Great God! how sanguine is a woman's heart, when the
innocence, the fate of the one she loves is concerned!--a radiant flush
broke over a face so colourless before; and with a joyous look, a kindled
eye, a lofty brow, she turned to Ellinor, pressed her hand in silence,
and once more gave up her whole soul to the dread procedure of the court.
The Judge now began.--It is greatly to be regretted, that we have no
minute and detailed memorial of the trial, except only the prisoner's
defence. The summing up of the Judge was considered at that time scarce
less remarkable than the speech of the prisoner. He stated the evidence
with peculiar care and at great length to the jury. He observed how the
testimony of the other deponents confirmed that of Houseman; and then,
touching on the contradictory parts of the latter, he made them
understand, how natural, how inevitable was some such contradiction in a
witness who had not only to give evidence against another, but to refrain
from criminating himself. There could be no doubt but that Houseman was
an accomplice in the crime; and all therefore that seemed improbable in
his giving no alarm when the deed was done, was easily rendered natural,
and reconcileable with the other parts of his evidence. Commenting then
on the defence of the prisoner (who, as if disdaining to rely on aught
save his own genius or his own innocence, had called no witnesses, as he
had employed no counsel), and eulogizing its eloquence and art, till he
destroyed their effect by guarding the jury against that impression which
eloquence and art produce in defiance of simple fact, he contended that
Aram had yet alleged nothing to invalidate the positive evidence against
him.
I have often heard, from men accustomed to courts of law, that nothing is
more marvellous, than the sudden change in a jury's mind, which the
summing up of the Judge can produce; and in the present instance it was
like magic. That fatal look of a common intelligence, of a common assent,
was exchanged among the doomers of the prisoner's life and death as the
Judge concluded.
They found the prisoner guilty.
The Judge drew on the black cap.
