CHAPTER XLIV.
AT BAY.
Only two people in court doubted for one moment what the verdict
would be. And those two were the pair who stood there on their trial.
Sir Gilbert couldn't believe the jury would convict an innocent
man of the crime he himself had half unwittingly committed. Guy
Waring couldn't believe the jury would convict an innocent man of
the crime he had never been guilty of. So those two doubted. To
all the rest the verdict was a foregone conclusion.
Nevertheless, dead silence reigned everywhere in the court as the
clerk of arraigns put the solemn question, "Gentlemen, do you find
the prisoner at the bar guilty or not guilty?"
And the foreman, clearing his throat huskily, answered in a very
tremulous tone, "We find him guilty of wilful murder."
There was a long, deep pause. Every one looked at the prisoner.
Guy Waring stood like one stunned by the immensity of the blow. It
was an awful moment. He knew he was innocent; but he knew now the
English law would hang him.
One pair of eyes in the court, however, was not fixed on Guy. Elma
Clifford, at that final and supreme moment, gazed hard with all
her soul at Sir Gilbert Gildersleeve. Her glance went through him.
She sat like an embodied conscience before him. The judge rose
slowly, his eyes riveted on hers. He was trembling with remorse,
and deadlier pale than ever. An awful lividness stole over his
face. His lips were contorted. His eyebrows quivered horribly. Still
gazing straight at Elma, he essayed to speak. Twice he opened his
parched lips. Then his voice failed him.
"I cannot accept that finding," he said at last, in a very solemn
tone, battling hard for speech against some internal enemy. "I
cannot accept it. Clerk, you will enter a verdict of not guilty."
A deep hum of surprise ran round the expectant court. Every mouth
opened wide, and drew a long hushed breath. Senior counsel for the
Crown jumped to his feet astonished. "But why, my lord?" he asked
tartly, thus baulked of his success. "On what ground does your
lordship decide to override the plain verdict of the jury?"
The pause that followed was inexpressibly terrible. Guy Waring
waited for the answer in an agony of suspense. He knew what it
meant now. With a rush it all occurred to him. He knew who was the
murderer. But he hoped for nothing. Sir Gilbert faltered: Elma
Clifford's eyes were upon him still, compelling him. "Because,"
he said at last, with a still more evident and physical effort,
pumping the words out slowly, "I am here to administer justice,
and justice I will administer.... This man is innocent. It was I
myself who killed Montague Nevitt that day at Mambury."
At those awful words, uttered in a tone so solemn that no one
could doubt either their truth or their sincerity, a cold thrill
ran responsive through the packed crowd of auditors. The silence
was profound. In its midst, a boy's voice burst forth all at once,
directed, as it seemed, to the counsel for the Crown, "I said it
was him," the voice cried, in a triumphant tone. "I knowed 'um!
I knowed 'um! Thik there's the man that axed me the way down the
dell the marnin' o' the murder."
The judge turned towards the boy with a ghastly smile of enforced
recognition. "You say the truth, my lad," he answered, without
any attempt at concealment. "It was I who asked you. It was I who
killed him. I went round by the far gate after hearing he was there,
and, cutting across the wood, I met Montague Nevitt in the path
by The Tangle. I went there to meet him; I went there to confront
him; but not of malice prepense to murder him. I wanted to question
him about a family matter. Why I needed to question him no one
henceforth shall ever know. That secret, thank Heaven, rests now
in Montague Nevitt's grave. But when I did question him, he answered
me back with so foul an aspersion upon a lady who was very near
and dear to me"--the judge paused a moment; he was fighting hard
for breath; something within was evidently choking him. Then he went
on more excitedly--"an aspersion upon a lady whom I love more than
life--an insult that no man could stand--an unspeakable foulness;
and I sprang at him, the cur, in the white heat of my anger, not
meaning or dreaming to hurt him seriously. I caught him by the throat."
The judge held up his hands before the whole court appealingly.
"Look at those hands, gentlemen," he cried, turning them about.
"How could I ever know how hard and how strong they were? I only
seemed to touch him. I just pushed him from my path. He fell at
once at my feet--dead, dead unexpectedly. Remember how it all came
about. The medical evidence showed his heart was weak, and he died
in the scuffle. How was I to know all that? I only knew this--he
fell dead before me."
With a face of speechless awe, he paused and wiped his brow. Not
a soul in court moved or breathed above a whisper. It was evident
the judge was in a paroxysm of contrition. His face was drawn up.
His whole frame quivered visibly. Even Elma pitied him.
"And then I did a grievous wrong," the judge continued once
more, his voice now very thick and growing rapidly thicker. "I did
a grievous wrong, for which here to-day, before all this court,
I humbly ask Guy Waring's pardon. I had killed Montague Nevitt,
unintentionally, unwittingly, accidentally almost, in a moment
of anger, never knowing I was killing him. And if he had been a
stronger or a healthier man, what little I did to him would never
have killed him. I didn't mean to murder him. For that my remorse
is far less poignant. But what I did after was far worse than the
murder. I behaved like a sneak--I behaved like a coward. I saw
suspicion was aroused against the prisoner, Guy Waring. And what did
I do then? Instead of coming forward like a man, as I ought, and
saying 'I did it,' and standing my trial on the charge of manslaughter,
I did my best to throw further suspicion on an innocent person.
I made the case look blacker and worse for Guy Waring. I don't
condone my own crime. I did it for my wife's sake and my daughter's,
I admit--but I regret it now bitterly--and am I not atoning for it?
With a great humiliation, am I not amply atoning for it? I wrote
an unsigned letter warning Waring at once to fly the country, as
a warrant was out against him. Waring foolishly took my advice,
and fled forthwith. From that day to this"--he gazed round him
appealingly--"oh, friends, I have never known one happy moment."
Guy gazed at him from the dock, where he still stood guarded by two
strong policemen, and felt a fresh light break suddenly in upon
him. Their positions now were almost reversed. It was he who was
the accuser, and Sir Gilbert Gildersleeve, the judge in that court,
who stood charged to-day on his own confession with causing the
death of Montague Nevitt.
"Then it was YOU" Guy said slowly, breaking the pause at last, "who
sent me that anonymous letter at Plymouth?"
"It was I," the judge answered, in an almost inaudible, gurgling
tone. "It was I who so wronged you. Can you ever forgive me for
it?"
Guy gazed at him fixedly. He himself had suffered much. Cyril and Elma
had suffered still more. But the judge, he felt sure, had suffered
most of all of them. In this moment of relief, this moment of
vindication, this moment of triumph, he could afford to be generous.
"Sir Gilbert Gildersleeve, I forgive you," he answered slowly.
The judge gazed around him with a vacant stare. "I feel cold,"
he said, shivering; "very cold, very faint, too. But I've made all
right HERE," and he held out a document. "I wrote this paper in
my room last night--in case of accident--confessing everything.
I brought it down here, signed and witnessed, unread, intending
to read it out if the verdict went against me--I mean, against
Waring.... But I feel too weak now to read anything further.... I'm
so cold, so cold. Take the paper, Forbes-Ewing. It's all in your
line. You'll know what to do with it." He could hardly utter a word,
breath failed him so fast. "This thing has killed me," he went on,
mumbling. "I deserved it. I deserved it."
"How about the prisoner?" the authority from the gaol asked, as
the judge collapsed rather than sat down on the bench again.
Those words roused Sir Gilbert to full consciousness once more.
The judge rose again, solemnly, in all the majesty of his ermine.
"The prisoner is discharged," he said, in a loud, clear voice. "I
am here to do justice--justice against myself. I enter a verdict
of not guilty." Then he turned to the polices "I am your prisoner,"
he went on, in a broken, rambling way. "I give myself in charge
for the manslaughter of Montague Nevitt. Manslaughter, not murder.
Though I don't even admit myself, indeed, it was anything. more
than justifiable homicide."
He sank back again once more, and murmured three times in his seat,
as if to himself, "Justifiable homicide! Justifiable homicide!
Just--ifiable homicide!"
Somebody rose in court as he sank, and moved quickly towards him.
The judge recognised him at once.
"Granville Kelmscott," he said; in a weary voice, "help me out of
this. I am very, very ill. You're a friend. I'm dying. Give me your
arm! Assist me!"
