The Heart of Mid-Lothian, Volume 1 by Walter Scott (ebook pc reader .TXT) 📗

she successively answered by a quiet negative. But their tenor gave great scandal and offence to her father, who was not aware that they are put to every witness as a matter of form.

"Na, na," he exclaimed, loud enough to be heard, "my bairn is no like the Widow of Tekoah—nae man has putten words into her mouth."

One of the judges, better acquainted, perhaps, with the Books of Adjournal than with the Book of Samuel, was disposed to make some instant inquiry after this Widow of Tekoah, who, as he construed the matter, had been tampering with the evidence. But the presiding Judge, better versed in Scripture history, whispered to his learned brother the necessary explanation; and the pause occasioned by this mistake had the good effect of giving Jeanie Deans time to collect her spirits for the painful task she had to perform.

Fairbrother, whose practice and intelligence were considerable, saw the necessity of letting the witness compose herself. In his heart he suspected that she came to bear false witness in her sister's cause.

"But that is her own affair," thought Fairbrother; "and it is my business to see that she has plenty of time to regain composure, and to deliver her evidence, be it true, or be it false—valeat quantum."

Accordingly, he commenced his interrogatories with uninteresting questions, which admitted of instant reply.

"You are, I think, the sister of the prisoner?"

"Yes, sir."

"Not the full sister, however?"

"No, sir—we are by different mothers."

"True; and you are, I think, several years older than your sister?"

"Yes, sir," etc.

After the advocate had conceived that, by these preliminary and unimportant questions, he had familiarised the witness with the situation in which she stood, he asked, "whether she had not remarked her sister's state of health to be altered, during the latter part of the term when she had lived with Mrs. Saddletree?"

Jeanie answered in the affirmative.

"And she told you the cause of it, my dear, I suppose?" said Fairbrother, in an easy, and, as one may say, an inductive sort of tone.

"I am sorry to interrupt my brother," said the Crown Counsel, rising; "but I am in your Lordships' judgment, whether this be not a leading question?"

"If this point is to be debated," said the presiding Judge, "the witness must be removed."

For the Scottish lawyers regard with a sacred and scrupulous horror every question so shaped by the counsel examining, as to convey to a witness the least intimation of the nature of the answer which is desired from him. These scruples, though founded on an excellent principle, are sometimes carried to an absurd pitch of nicety, especially as it is generally easy for a lawyer who has his wits about him to elude the objection. Fairbrother did so in the present case.

"It is not necessary to waste the time of the Court, my Lord since the King's Counsel thinks it worth while to object to the form of my question, I will shape it otherwise.—Pray, young woman, did you ask your sister any question when you observed her looking unwell?—take courage—speak out."

"I asked her," replied Jeanie, "what ailed her."

"Very well—take your own time—and what was the answer she made?" continued Mr. Fairbrother.

Jeanie was silent, and looked deadly pale. It was not that she at any one instant entertained an idea of the possibility of prevarication—it was the natural hesitation to extinguish the last spark of hope that remained for her sister.

"Take courage, young woman," said Fairbrother.—"I asked what your sister said ailed her when you inquired?"

"Nothing," answered Jeanie, with a faint voice, which was yet heard distinctly in the most distant corner of the Court-room,—such an awful and profound silence had been preserved during the anxious interval, which had interposed betwixt the lawyer's question and the answer of the witness.

Fairbrother's countenance fell; but with that ready presence of mind, which is as useful in civil as in military emergencies, he immediately rallied.—"Nothing? True; you mean nothing at first—but when you asked her again, did she not tell you what ailed her?"

The question was put in a tone meant to make her comprehend the importance of her answer, had she not been already aware of it. The ice was broken, however, and with less pause than at first, she now replied,—"Alack! alack! she never breathed word to me about it."

A deep groan passed through the Court. It was echoed by one deeper and more agonised from the unfortunate father. The hope to which unconsciously, and in spite of himself, he had still secretly clung, had now dissolved, and the venerable old man fell forward senseless on the floor of the Court-house, with his head at the foot of his terrified daughter. The unfortunate prisoner, with impotent passion, strove with the guards betwixt whom she was placed. "Let me gang to my father!—I will gang to him—I will gang to him—he is dead—he is killed—I hae killed him!"—she repeated, in frenzied tones of grief, which those who heard them did not speedily forget.

Even in this moment of agony and general confusion, Jeanie did not lose that superiority, which a deep and firm mind assures to its possessor under the most trying circumstances.

"He is my father—he is our father," she mildly repeated to those who endeavoured to separate them, as she stooped,—shaded aside his grey hairs, and began assiduously to chafe his temples.

The Judge, after repeatedly wiping his eyes, gave directions that they should be conducted into a neighbouring apartment, and carefully attended. The prisoner, as her father was borne from the Court, and her sister slowly followed, pursued them with her eyes so earnestly fixed, as if they would have started from their sockets. But when they were no longer visible, she seemed to find, in her despairing and deserted state, a courage which she had not yet exhibited.

"The bitterness of it is now past," she said, and then boldly, addressed the Court. "My Lords, if it is your pleasure to gang on wi' this matter, the weariest day will hae its end at last."

The Judge, who, much to his honour, had shared deeply in the general sympathy, was surprised at being recalled to his duty by the prisoner. He collected himself, and requested to know if the panel's counsel had more evidence to produce. Fairbrother replied, with an air of dejection, that his proof was concluded.

The King's Counsel addressed the jury for the crown. He said in a few words, that no one could be more concerned than he was for the distressing scene which they had just witnessed. But it was the necessary consequence of great crimes to bring distress and ruin upon all connected with the perpetrators. He briefly reviewed the proof, in which he showed that all the circumstances of the case concurred with those required by the act under which the unfortunate prisoner was tried: That the counsel for the panel had totally failed in proving, that Euphemia Deans had communicated her situation to her sister: That, respecting her previous good character, he was sorry to observe, that it was females who possessed the world's good report, and to whom it was justly valuable, who were most strongly tempted, by shame and fear of the world's censure, to the crime of infanticide: That the child was murdered, he professed to entertain no doubt. The vacillating and inconsistent declaration of the prisoner herself, marked as it was by numerous refusals to speak the truth on subjects, when, according to her own story, it would have been natural, as well as advantageous, to have been candid; even this imperfect declaration left no doubt in his mind as to the fate of the unhappy infant. Neither could he doubt that the panel was a partner in this guilt. Who else had an interest in a deed so inhuman? Surely neither Robertson, nor Robertson's agent, in whose house she was delivered, had the least temptation to commit such a crime, unless upon her account, with her connivance, and for the sake of saying her reputation. But it was not required of him, by the law, that he should bring precise proof of the murder, or of the prisoner's accession to it. It was the very purpose of the statute to substitute a certain chain of presumptive evidence in place of a probation, which, in such cases, it was peculiarly difficult to obtain. The jury might peruse the statute itself, and they had also the libel and interlocutor of relevancy to direct them in point of law. He put it to the conscience of the jury, that under both he was entitled to a verdict of Guilty.

The charge of Fairbrother was much cramped by his having failed in the proof which he expected to lead. But he fought his losing cause with courage and constancy. He ventured to arraign the severity of the statute under which the young woman was tried. "In all other cases," he said, "the first thing required of the criminal prosecutor was to prove unequivocally that the crime libelled had actually been committed, which lawyers called proving the corpus delicti. But this statute, made doubtless with the best intentions, and under the impulse of a just horror for the unnatural crime of infanticide, ran the