"We had better possess one deed too many, than one too few," said Mr. Stephens, with another bland smile.
"Oh! certainly," exclaimed the Earl. "And this precaution shows the exact condition of the late Mr. Stanford Sydney's family. The daughter is no more: the son lives, and is present."
"Here, then, my lord," continued Stephens, "is the certificate of the birth of Walter Sydney, on the 25th day of November, 1814."
The nobleman examined this document with far more attention than he had devoted to either of the former. He then handed it to Mr. Pakenham, who also scrutinized it narrowly.
"It is quite correct, my Lord," said this gentleman. "We now require two witnesses as to identity."
"I presume his Lordship will receive me as one," observed Mr. Stephens, "considering my intimate acquaintance with all—"
"Oh certainly—certainly," interrupted the Earl hastily.
"And Mr. Mac Chizzle will tender his evidence in the other instance," said Stephens.
"I have known this young gentleman for the last six years," exclaimed Mac Chizzle, pointing towards Walter, "and I knew his mother also."
"Is your Lordship satisfied?" enquired Mr. Pakenham, after a short pause.
"Perfectly," answered the nobleman, without hesitation. "I am, however, in your hands."
"Oh! as for me," returned Mr. Pakenham, "I have no objection to offer. Your Lordship is acquainted with Mr. Stephens."
"Yes—yes," again interrupted the Earl; "I have known Mr. Stephens for some years—and I know him to be a man of honour."
"Then there is nothing more to be said," observed Pakenham.
"No—nothing," added Mac Chizzle; "but to complete the business."
"I will now read the release," said Mr. Pakenham.
The solicitor settled himself in a comfortable manner in his chair, and taking up a deed consisting of several folios, proceeded to make his hearers as much acquainted with its contents as the multifarious redundancies of law terms would allow.
The disguised lady had now time for reflection. She had been more or less prepared for the assertion of Mr. Stephens that Eliza Sydney was dead, and that Walter was living:—but the bare-faced falsehood uttered by Mac Chizzle (who, so far from having been acquainted with her for years, had never seen her until that morning), shocked and astounded her. She had also just learnt for the first time, that her late mother was the natural daughter of an Earl; and she perceived that she herself could claim a distant kinship with the nobleman in whose presence she then was. This circumstance inspired her with feelings in his favour, which were enhanced by the urbanity of his manners, and the readiness with which he admitted all the proofs submitted to him by Mr. Stephens. She had expected, from the arguments used by this gentleman to convince her that she should not hesitate to fight the law with its own weapons, &c., that every obstacle would be thrown in the way of her claims by him on whom they were to be made;—and she was astonished when she compared all the specious representations of Stephens with the readiness, good-will, and alacrity manifested by the Earl in yielding up an enormous sum of money. Now also, for the first time, it struck her as remarkable that Stephens had promised her ten thousand pounds only—a fourth part of that amount to which, according to his own showing, she alone was justly entitled.
All these reflections passed rapidly through her mind while the lawyer was reading the deed of release, not one word of which was attended to by her. She suddenly felt as if her eyes were opened to a fearful conspiracy, in which she was playing a conspicuous part:—she trembled, as if she were standing upon the edge of a precipice;—and yet she knew not how to act. She was bewildered: but the uppermost idea in her mind was that she had gone too far to retreat.
This was the impression that ruled her thoughts at the precise moment when Mr. Pakenham brought the reading of the long wearisome document to a termination. The buzzing, droning noise which had filled her ears for upwards of twenty minutes, suddenly ceased;—and she heard a voice say in a kind tone. "Will you now please to sign this?"
She started—but immediately recovered her presence of mind, and, taking the pen from the lawyer's hand, applied the signature of Walter Sydney to the document. It was next witnessed by Pakenham, Stephens, and Mac Chizzle, and handed to the Earl.
The nobleman then took several papers—familiar to all those who have ever possessed Bank Stock—from an iron safe in one corner of the library, and handing them to the disguised lady, said, "Mr. Walter Sydney, I have much pleasure in putting you in possession of this fortune; and I can assure you that my best—my very best wishes for your health and prosperity, accompany the transfer."
Walter received the documents mechanically as it were, and murmured a few words of thanks and gratitude.
"Perhaps, Mr. Stephens," said the Earl, when the ceremony was thus completed, "you and your friends will do me the honour to accept of a slight refreshment in an adjoining room. You will excuse my absence; but I have a few matters of pressing importance to transact with my solicitor, and which cannot possibly be postponed. You must accept this as my apology; and believe in my regret that I cannot keep you company."
The Earl shook hands with both Stephens and Sydney, and bowed to Mac Chizzle. These three individuals then withdrew.
An elegant collation was prepared for them in another apartment; but Mac Chizzle was the only one who seemed inclined to pay his respects to it. Walter, however, gladly swallowed a glass of wine; for she felt exhausted with the excitement she had passed through. Stephens was too highly elated either to eat or drink, and too anxious to complete the business in the City, to allow Mac Chizzle to waste much time over the delicacies of which the collation consisted.
They were, therefore, all three soon on their way to the Bank of England.
"Well, I think we managed the job very correctly," said Mac Chizzle.
"Everything passed off precisely as I had anticipated," observed Mr. Stephens. "But you, Walter—you are serious."
"I do not look upon the transaction in the same light as I did a couple of hours since," answered she coldly.
"Ah! my dear friend," cried Stephens, "you are deceived by the apparent urbanity of that nobleman, and the mildness of his solicitor. They assumed that appearance because there was no help for them;—they had no good to gain by throwing obstacles in our way."
"But the certificate of my death was a forgery," said Walter, bitterly.
"A necessary alteration of names—without which the accomplishment of our plan would have been impossible," answered Stephens. "But let me ease your mind in one respect, my dear Walter. That nobleman is a relation of yours—and yet until this day his name has never been mentioned to you. And why? Because he visits upon you the hatred which he entertained for your deceased mother! Did you not observe that he interrupted me when I spoke of her? did you not notice that he touched with extreme aversion upon the topics connected with your revered parents?"
"I did!—I did!" exclaimed Walter.
"He hates you!—he detests you!" continued Stephens, emphatically; "and he will not countenance any claim which you might advance towards kinship with him. His duties as a nobleman and a gentleman dictated the outward civility with which he treated you; but his heart gave no echo to the words of congratulation which issued from his lips."
"I believe you—I know that you are speaking the truth," cried Walter. "Pardon me, if for a moment I ceased to look upon you as a friend."
Stephens pressed the hand of the too-confiding being, over whom his dangerous eloquence and subtle reasoning possessed an influence so omnipotent for purposes of evil; and he then again launched out into glowing descriptions of the sources and means of happiness within her reach. This reasoning, aided by the hope that in a few hours she should be enabled to quit London for ever, restored the lady's disposition to that same easy and pliant state, to which Stephens had devoted nearly five years to model it.
At length the hackney-coach stopped at the Bank of England. Stephens hurried to the rotunda to obtain the assistance of a stock-broker, for the purpose of transferring and selling out the immense sum which now appeared within his reach, and to obtain which he had devoted his time, his money, and his tranquillity!
Walter and the lawyer awaited his return beneath the porch of the entrance. After the lapse of a few moments he appeared, accompanied by a broker of his acquaintance. They then all four proceeded together to the office where the business was to be transacted.
The broker explained the affair to a clerk, and the clerk, after consulting a huge volume, received the documents which Lord Warrington had handed over to Sydney. Having compared those papers with the entries in the book, the clerk made a sign to three men who were lounging at the upper end of the office, near the stove, and who had the appearance of messengers, or porters.
These men moved hastily forward, and advanced up to Stephens, Mac Chizzle, and Walter Sydney.
A deadly pallor spread over the countenance of Stephens; Mac Chizzle appeared alarmed; but Walter remained still unsuspicious of danger.
"Those are the persons," said the clerk, significantly, as he pointed to the three conspirators, to whom he observed, almost in the same breath, "Your plans are detected—these men are officers!"
"Officers!" ejaculated Sydney; "What does this mean?"
"We are here to apprehend you," answered the foremost of those functionaries. "Resistance will be vain: there are others outside in readiness."
"Merciful heavens!" cried Walter, joining her hands in agony: "Oh! Stephens, to what have you brought me!"
That unhappy man hung down his head, and made no reply. He felt crushed by this unexpected blow, which came upon him at the very instant when the object of his dearest hopes seemed within his reach.
As for Mac Chizzle, he resigned himself with dogged submission to his fate.
The officers and their prisoners now proceeded to the Mansion House, accompanied by the clerk and the stock-broker.
Sydney—a prey to the most dreadful apprehensions and painful remorse—was compelled to lean for support upon the arm of the officer who had charge of her.
Sir Peter Laurie sat for the Lord Mayor.
The worthy knight is the terror of all swindlers, mock companies, and bubble firms existing in the City of London: wherever there is fraud, within the jurisdiction of the civic authorities, he is certain to root it out. He has conferred more benefit upon the commercial world, and has devoted himself more energetically to protect the interests of the trading community, than any other alderman. Unlike the generality of the city magistrates, who are coarse, vulgar, ignorant, and narrow-minded men, Sir Peter Laurie is possessed of a high range of intellect, and is an enlightened, an agreeable, and a polished gentleman.
It was about three o'clock in the afternoon, when Stephens, Mac Chizzle, and Sydney were placed in the dock of the Mansion House Police-office.
The solicitor of the Bank of England attended for the prosecution.
"With what do you charge these prisoners?" demanded the magistrate.
"With conspiring to obtain the sum of forty-one thousand pounds from the hands of the Earl of Warrington, and the Governor and Company of the Bank of England."
"Is his lordship present?"
"Your worship, he is, at this moment, unaware of the diabolical fraud that has been contemplated, and in part perpetrated upon him. He has given up to the prisoners certain documents, which constituted their authority for transferring and selling out the sum I have mentioned. By certain means the intentions of the prisoners were discovered some time ago; and secret information was given to the Bank directors upon the subject. The directors were not, however, permitted to communicate with the Earl of Warrington, under penalty of receiving no farther information from the quarter whence the original warning emanated. Under all circumstances, I shall content myself with stating sufficient to support the charge to-day, so that your worship may remand the prisoners until a period when the attendance of the Earl of Warrington can be procured."
"State your case."
"I charge this prisoner," said the solicitor, pointing towards Sydney, "with endeavouring to obtain the sum of forty-one thousand pounds from the Governor and Company of the Bank of England, under pretence of being one Walter Sydney, a man—whereas the prisoner's name is Eliza Sydney, and she is a woman!"
An immense sensation prevailed in the justice-room at this announcement.
The disguised lady moaned audibly, and leant against the bar of the dock for support.
"And I charge the other prisoners, Robert Stephens and Hugh Mac Chizzle, with aiding and abetting in the crime," added the solicitor, after a pause.
The unhappy lady, yielding to emotions and feelings which she was now no longer able to control, threw herself upon her knees, clasped her hands together in an agony of grief, and exclaimed, "It is true! I am not what I seem! I have been guilty of a fearful deception—a horrible cheat: but it was he—he," she cried, pointing to Stephens, "who made me do it!"
There was an universal sentiment of deep sympathy with the female prisoner, throughout the court; and the worthy alderman himself was affected.
"You must remember," he said, in a kind tone, "that anything which you admit here, may be used against you elsewhere."
"I am anxious to confess all that I have done, and all that I know," cried the lady; "and in so doing, I shall in some measure atone for the enormity of my guilt, which I now view in its true light!"
"Under these circumstances," said the alderman, "let the case stand over until to-morrow."
The prisoners were then removed.
In another hour they were inmates of the Giltspur-street Compter.
And how terminated the 26th of November for Walter Sydney? Instead of being in possession of an ample fortune, and about to visit a clime where she hoped to enjoy all the blessings of domestic tranquillity, and the charms of rural bliss, she found herself a prisoner, charged with a crime of deep dye!
Oh! what a sudden reverse was this!
Still, upon that eventful day, there was one hope of hers fulfilled. She threw aside her masculine attire, and assumed the garb adapted to her sex. A messenger was despatched to the villa, to communicate the sad tidings of the arrest to Louisa, and procure suitable clothing for her wretched mistress.
But, alas! that garb in which she had so ardently desired to appear again, was now doomed to be worn, for the first time, in a prison:—the new epoch of her life, which was to be marked by a return to feminine habits, was commenced in a dungeon!
Still that new period had begun; and from henceforth we shall know her only by her real name of Eliza Sydney.
CHAPTER XXXI.
EXPLANATIONS.
WITH the greatest forethought and the best taste, Louisa had forwarded to her mistress the most simple and unassuming garb which the boudoir contained, amongst its miscellaneous articles of female attire.
Dressed in the garments which suited her sex, Eliza was a fine and elegant woman—above the common female height, yet graceful in her deportment, and charming in all her movements. Her shoulders possessed that beautiful slope, and the contours of her bust were modelled in that ample and voluptuous mould, which form such essential elements of superb and majestic loveliness.
Although so long accustomed to masculine attire, there was nothing awkward—nothing constrained in her gait; her step was free and light, and her pace short, as if that exquisitely turned ankle, and long narrow foot had never known aught save the softest silken hose, and the most delicate prunella shoes.
In a word, the beauty of Eliza Sydney was of a lofty and imposing order;—a pale high brow, melting hazel eyes, a delicately-chiselled mouth and nose, and a form whose matured expansion and height were rendered more commanding by its exquisite symmetry of proportions.
The morning journals published an account of the extraordinary attempt at fraud detected at the Bank on the previous day; and the utmost curiosity was evinced by an immense crowd that had collected to obtain a view of the prisoners, especially the female one, as they alighted from the separate cabs in which they were conveyed to the Mansion House for re-examination. Eliza's countenance was flushed and animated, and the expression of her eyes denoted profound mental excitement: Stephens was ghastly pale:—the lawyer maintained a species of sullen and reserved composure.
The police-office at the Mansion House was crowded to excess. Sir Peter Laurie presided; and on his right hand was seated the Earl of Warrington. Mr. Pakenham was also present, in company with the solicitor of the Bank of England.
The moment the prisoners appeared in the dock, Eliza in a firm tone addressed the magistrate, and intimated her intention of making the most ample confession, in accordance with her promise of the preceding day. She was accommodated with a chair, and the chief clerk proceeded to take down the narrative which detailed the origin and progress of this most extraordinary conspiracy.
Alas! that so criminal a tale should have been accompanied by the music of that flute-like voice; and that so foul a history should have emanated from so sweet a mouth. Those words of guilt which trembled upon her lips, resembled the slime of the snail upon the leaf of the rose.
When the confession of Eliza Sydney was fully taken down, and signed by her, the Earl of Warrington's solicitor entered into a statement which placed the magistrate in full possession of the facts of the case.
We shall now proceed to acquaint our readers with the complete history formed by these revelations.
"The late Earl of Warrington was a man of eccentric and peculiar habits. An accident in his infancy had rendered his person deformed and stunted his growth; and, being endowed with tender feelings and acute susceptibilities, he could not bear to mingle in that society where his own physical defects were placed in strong contrast with the fine figures, handsome countenances, and manly forms of many of his aristocratic acquaintances. He possessed a magnificent estate in Cambridgeshire; and in the country seat attached to that domain did he pass the greater portion of his time in solitude.
"The bailiff of the Warrington estate was a widower, and possessed an only child—a daughter. Letitia Hardinge was about sixteen years of age when the Earl first took up his abode in Cambridgeshire, in the year 1790. She was not good looking; but she possessed a mild and melancholy expression of countenance, and an amiability of disposition, which rendered her an object of interest to all who knew her. She was fond of reading; and the library at the neighbouring mansion was always open to her inspection.
"The reserved and world-shunning Earl soon became attracted towards Letitia Hardinge. He found that she possessed a high order of intellect; and he delighted to converse with her. By degrees he experienced a deep attachment towards a being whose society often relieved the monotonous routine of his life; and the gratitude which Letitia entertained towards the Earl for his kindness to her, soon partook of a more tender feeling. She found herself interested in a nobleman of high rank and boundless wealth, who was compelled to avoid the great world where the homage shown to his proud name appeared to him to be a mockery of his physical deformity; she ministered to him with all a woman's devotedness, during a tedious and painful malady which seized upon him shortly after his arrival in Cambridgeshire; and at length her presence became as it were necessary to him.
"They loved: and although no priest blessed their union, they entertained unalterable respect and affection for each other. That dread of ridicule which had driven the Earl from society, and which with him was a weakness amounting almost to folly, prevented the solemnization of his nuptials with the woman he loved. She became pregnant: and the day that made the Earl the father of a daughter, robbed him of the mother of that innocent child who was thus born in sin!
"Letitia Hardinge, the Earl's natural child, grew up in health and beauty. The father was dotingly attached to her, and watched her growth with pride and adoration. She was sixteen years of age, when Frederick, the Earl's nephew and heir presumptive to the title and vast estates of the family, arrived in Cambridgeshire to pay his respects to his uncle, on his emancipation from college. The young man's parents had both died in his infancy, and he was entirely dependant upon the Earl.
"Letitia Hardinge passed as the niece of the Earl of Warrington. Frederick was acquainted with the real history of the young lady; and, previous to his arrival at the mansion of his uncle, he was not prepared to treat her with any excess of civility. He was brought up in that aristocratic school which looks upon pure blood as a necessary element of existence, and as alone entitled to respect. But he had not been many days in the society of Miss Hardinge, before his ideas upon this subject underwent a complete change, and he could not help admiring her. Admiration soon led to love:—he became deeply enamoured of her!
"The Earl beheld this attachment on his part, and was rejoiced. An union between the two cousins would secure to his adored daughter that rank and social position, which he was most anxious for her to occupy. As the wife of the heir presumptive to the richest Earldom in the realm, her origin would never be canvassed nor thought of. But Letitia herself returned not the young man's love. By one of those extraordinary caprices, which so often characterise even the strongest female minds, she had taken a profound aversion to her suitor; and being of a high and independent disposition, not even the dazzling prospect of wealth and title could move her heart in his favour.
"There was a farmer upon the Earl's estate, of the name of Sydney. He had a son whose Christian name was Stanford—a handsome but sickly youth, and by no means comparable to the polished and intellectual Frederick. Nevertheless, Letitia entertained for this young man an affection bordering upon madness. The Earl discovered her secret, and was deeply afflicted at his daughter's predilection. He remonstrated with her, and urged the necessity of conquering her inclinations in this respect. It was then that she showed the temper and the spirit of a spoiled child, and declared that she would follow the dictates of her own mind in preference to every other consideration. The Earl swore a most solemn oath, that if she dared marry Stanford Sydney, neither she nor her husband should ever receive one single shilling from him!
"Reckless of this threat—indifferent to the feelings of that father who had cherished her so fondly, the perverse girl one morning abandoned the paternal home, and fled with Stanford Sydney, on whom she bestowed her hand. The blow came like a thunderbolt upon the head of the old Earl. He was naturally of a delicate and infirm constitution; and this sudden misfortune proved too much for his debilitated frame. He took to his bed; and a few hours before his death he made a will consistent with his oath. He left all his property to his nephew, with the exception of forty-one thousand pounds—the amount of his savings since he had inherited the title. This will ordained that his nephew should enjoy the interest of this sum; but that, should Letitia bear a male child to Stanford Sydney, such issue should, upon attaining the age of twenty-one years, receive as his portion the above sum of forty-one thousand pounds. Such was the confidence which the old Earl possessed in his nephew, that he left the execution of this provision to him. It was also enacted by that will, that should the said Letitia die without bearing a son to the said Stanford Sydney; or should a son born of her die previously to attaining his twenty-first year, then the sum alluded to should become the property of Frederick.
"The old man died, a prey to the deepest mental affliction—indeed, literally heart-broken—shortly after making this will. Frederick, who was honour and integrity personified, determined upon fulfilling all the instructions of his uncle to the very letter.
"The fruits of the union of Stanford Sydney and Letitia Hardinge were a daughter and a son. The name of the former was Eliza: that of the latter was Walter. Eliza was a strong and healthy child; Walter was sickly and ailing from his birth. Shortly after the birth of Walter, the father, who had long been in a deep decline, paid the debt of nature. Letitia was then left a widow, with two young children, and nothing but a small farm for her support. Her high spirit prevented her from applying to the Earl of Warrington—the man whose love she had slighted and scorned; and thus she had to struggle with poverty and misfortune in rearing and educating her fatherless progeny. The farm which she tenanted was situated in Berkshire, whither she and her husband had removed immediately after the death of the father of Stanford. This farm belonged to a gentleman of the name of Stephens—a merchant of respectability and property, in the City of London.
"It was in the year 1829 that Robert Stephens appeared at the farm-house, to announce the death of his father and his inheritance of all the landed property which had belonged to the deceased. The widow was considerably in arrears of rent: Stephens inquired into her condition and prospects, and learnt from her lips her entire history—that history which, from motives of disappointed pride, she had religiously concealed from her children. She was well aware of the provisions of the late Earl's will; but she had determined not to acquaint either Eliza or Walter with the clause relative to the fortune, until the majority of the latter. Towards Stephens she did not manifest the same reserve, the revelation of that fact being necessary to convince him that she possessed good perspective chances of settling those long arrears, which she was in the meantime totally unable to liquidate.
"Robert Stephens was immediately attracted towards that family. It was not the beauty of Eliza which struck him:—he was a cold, calculating man of the world, and considered female loveliness as mere dross compared to sterling gold. He found that Walter was an amiable and simple-hearted youth, and he hoped to turn to his own advantage the immense inheritance which awaited the lad at his majority. He accordingly treated Mrs. Sydney with every indulgence, forgiving her the arrears already accumulated, and lowering her rent in future. He thus gained an immense influence over the family; and when a sudden malady threw the widow upon her death-bed, it was to Stephens that she recommended her children.
"Stephens manifested the most paternal attention towards the orphans, and secured their unbounded gratitude, attachment, and confidence. But his designs were abruptly menaced in an alarming manner. The seeds of consumption, which had been sown by paternal tradition in the constitution of Walter, germinated with fatal effect; and on the 14th of February, 1831, he surrendered up his spirit.
"Scarcely had the breath left the body of the youth, when Stephens, by that species of magic influence which he had already begun to exercise over Eliza, induced her to assume her brother's garb; and she was taught to believe, even by the very side of his corpse, that immense interests were connected with her compliance with his wish. An old woman was the only female attendant at the farm-house; and she was easily persuaded to spread a report amongst the neighbours that it was the daughter who was dead. Eliza did not stir abroad: Stephens managed the funeral, and gave instructions for the entry in the parish register of the burial of Eliza Sidney; and, as Eliza immediately afterwards repaired to the Villa at Clapton, the fraud was not suspected in the neighbourhood of the Berkshire farm.
"Stephens duly communicated the deaths of Mrs. Sydney and Eliza to the Earl of Warrington, and obtained an introduction to this nobleman. He called occasionally in Grosvenor Square, during this interval of four years and nine months which occurred between the reported death of Eliza and the 26th of November, 1835; and invariably took care to mention not only that Walter was in good health, but that he was residing at the Villa. His lordship, however, on no occasion expressed a wish to see the young man; for years had failed to wipe away the impression made upon Frederick's mind by the deceased Letitia Hardinge!
"When Stephens introduced the disguised Eliza to the nobleman, as Walter Sydney, upon the morning of the 26th of November, the Earl entertained not the least suspicion of fraud. He knew that Stephens was the son of an eminent merchant, and that he was well spoken of in society; and he was moreover anxious to complete a ceremony which only recalled painful reminiscences to his mind. Thus, so far as his lordship was concerned, the deceit was managed with the most complete success; and there is no doubt that the entire scheme might have been carried out, and the secret have remained for ever undiscovered, had not a private warning been communicated in time to the Bank of England."
Such was the complete narrative formed by the statement of the Earl of Warrington, through his solicitor, and the confession of Eliza Sydney. The history excited the most extraordinary interest in all who heard it; and there was a powerful feeling of sympathy and commiseration in favour of Eliza. Even Lord Warrington himself looked once or twice kindly upon her.
The examination which elicited all the facts detailed in the narrative, and the evidence gone into to prove the attempt to obtain possession of the money at the Bank of England, occupied until four o'clock in the afternoon; when the magistrate committed Robert Stephens, Hugh Mac Chizzle, and Eliza Sydney to Newgate, to take their trials at the approaching session of the Central Criminal Court.
CHAPTER XXXII.
THE OLD BAILEY.
THE sessions of the Central Criminal Court commenced.
The street of the Old Bailey was covered with straw; and the pavement in the neighbourhood of the doors of the court on one side, and of the public-houses on the other, was crowded with policemen, the touters of the barristers and attornies practising criminal law, and the friends of the prisoners whose trials were expected to come on that day.
The press-yard, which is situate between the solid granite wall of Newgate and the Court-house, was also flooded with living waves, which rolled onwards from the street to the flight of steps leading into the gallery of the Old Court. In former times, prisoners who refused to plead, were pressed beneath immense weights, until they would consent to declare themselves guilty or not guilty. This odious punishment was inflicted in that enclosure: hence its name of the press-yard.
It cannot be necessary to describe the court-house, with its dark sombre walls, and its huge ventilator at the top. Alas! the golden bowl of hope has been broken within those walls, and the knell of many a miserable wretch has been rung upon its tribunals from the lips of the judge!
The street of the Old Bailey presents quite an animated appearance during the sessions;—but it is horrible to reflect that numbers of the policemen who throng in that thoroughfare upon those occasions, have trumped up the charges for which prisoners have been committed for trial, in order to obtain a holiday, and extort from the county the expenses of attending as witnesses.
At the time of which our tale treats, the sheriffs were accustomed to provide two dinners for the judges every day; one at three, and the other at five o'clock, so that those who could not attend the first, were enabled to take their seats at the second. Marrow puddings, beef-steaks, and boiled rounds of beef, invariably formed the staple commodities of these repasts; and it was the duty of the ordinary chaplains of Newgate to act as vice-presidents at both meals. This ceremony was always performed by those reverend gentlemen: the ecclesiastical gourmands contrived, during sessions, to eat two dinners every day, and wash each down with a very tolerable allowance of wine.
We said that the Sessions commenced. On the Monday and Tuesday, the Recorder in the Old Court, and the Common Sergeant in the New, tried those prisoners who were charged with minor offences: on the Wednesday the Judges upon the rota took their seats on the bench of the Old Court.
Richard Markham's name stood first for trial upon the list on that day. He was conducted from Newgate by means of a subterraneous passage, running under the Press-yard, into the dock of the Court.
The Hall was crowded to excess, for the case had produced a profound sensation. The moment Markham appeared in the dock, every eye was fixed upon him. His countenance was very pale; but his demeanour was firm. He cast one glance around, and then looked only towards the twelve men who were to decide upon his fate. Close by the dock stood Mr. Monroe: Whittingham was in the gallery;—the Baronet, Chichester, and Talbot lounged together near the reporters' box.
The Jury were sworn, and the counsel for the prosecution stated the case. He observed that the prisoner at the bar was a young man who, upon his majority, would become possessed of a considerable fortune; but that in the mean time he had no doubt fallen into bad company, for it would be proved that he was arrested by the police at a common gambling house in the evening of the very same day on which he had committed the offence with which he was now charged. It was but natural to presume that this young man had imbibed the habit of gaming, and, having thereby involved himself in pecuniary embarrassments, had adopted the desperate and fatal expedient of obtaining money by means of forged Bank-notes, rather than communicate his situation to his guardian. Where he procured these forged notes, it was impossible to say: it would, however, be satisfactorily proved to the jury that he passed a forged note for five hundred pounds at the banking-house of Messrs. ——, and that when he was arrested a second note for fifty pounds was found upon his person. Several concurrent circumstances established the guilt of the prisoner. On the evening previous to his arrest, the prisoner dined with Sir Rupert Harborough, Mr. Chichester, and Mr. Talbot; and when these gentlemen proposed a walk after dessert, the prisoner requested them to accompany him to a common gaming-house in the Quadrant. They refused; but finding him determined to visit that den, they agreed to go with him, with the friendly intention of taking care that he was not plundered of his money, he being considerably excited by the wine he had been drinking. Ere he set out, the prisoner enquired if either of his companions could change him a fifty pound note; but neither gentleman had sufficient gold to afford the accommodation required. Now was it not fair to presume that the prisoner intended to pass off upon one of his friends the very forged fifty-pound note subsequently found upon him? On the following day, the prisoner—the moment he was released from custody on the charge of being found in a common gaming-house—hurried home, and ordered his servants to prepare for his immediate departure for the continent. He moreover wrote two letters, which would be read to the jury,—one to a lady, and the other to his guardian,—and both containing unequivocal admission of his guilt. The learned counsel then read the letters, and commented upon their contents at some length. There were several expressions (he said) which clearly tended to self-crimination.—"Circumstances of a very peculiar nature, and which I cannot at present explain, compel me to quit London thus abruptly." "I could not have remained in London another minute with safely to myself." "I conceive it to be my duty—in consequence of rumours which may shortly reach you concerning me—to inform you that I have this moment only awoke to the fearful perils of the career in which I have for some weeks past been blindly hurrying along, till at length yesterday——." "I am penitent, deeply penitent: let this statement induce you to defend and protect my reputation." The last paragraph but one, which concluded so abruptly with the words, "till at length yesterday—— " clearly pointed to the crime with which the prisoner was now charged; and the last paragraph of all undeniably implored Mr. Monroe, the young man's guardian, to hush up the matter the moment it should reach his ears.
The clerk at the banking-house, who changed the five hundred pound note for the prisoner, then gave his evidence.
At length Sir Rupert Harborough was called into the witness-box; and he deposed that the prisoner had dined with him on the evening previous to his arrest; that he very pressingly solicited him (Sir Rupert), and Mr. Chichester, and Mr. Talbot, to accompany him to the gambling-house; and that he moreover, enquired if either of them could accommodate him with change for a fifty pound note.
Mr. Chichester was called next. He stated the line of defence adopted by the prisoner at Bow-street, and positively denied having ever given the prisoner any notes to change for him.
Markham's counsel cross-examined this witness with great severity.
"What are you, sir?"
"A private gentleman."
"What are your means of subsistence?"
"I receive an allowance from my father."
"Who is your father? Now, take care, sir, how you answer that question."
"He is a commercial man, sir."
"Is he not a tradesman?"
"Well,—he is a tradesman, then—if you like it."
"Yes,—I do like it. Now—upon your oath—is he not a pawnbroker in Brick-lane, Bethnal Green?"
"He is a goldsmith in a large way of business, and lends money occasionally——"
"Ha!" complacently observed the counsel for the defence. "Go on, sir: lends money occasionally—"
"Upon real security, I suppose," added Chichester, taken considerably aback by these questions.
"Upon deposits; let us give things their proper names. He lends money upon flannel petticoat—watches—flat-irons, &c.," observed the barrister, with withering sarcasm. "But I have not done with you yet, sir. Was your father—this very respectable pawnbroker—ever elevated to the peerage?"
"He was not, sir."
"Then how come you by the distinction of Honourable prefixed to your name?"
Mr. Chichester hung down his head, and made no reply. The counsel for the prisoner repeated the question in a deliberate and emphatic matter. At length, Mr. Chichester was fairly bullied into a humble acknowledgment "that he had no right to the distinction, but that he had assumed it as a convenient West-End appendage." The cross examination then proceeded.
"Did you not travel under the name of Winchester?"
"I did—in Germany."
"With what motive did you assume a false name?"
"I had no particular motive."
"Did you not leave England in debt? and were you not afraid of your bills of exchange following you abroad?"
"There is some truth in that; but the most honourable men are frequently involved in pecuniary difficulties."
"Answer my questions, sir, and make no observations. You will leave me to do that, if you please. Now sir—tell the jury whether you were not accompanied by a valet or coachman in your German trip?"
"I am always accustomed to travel with a domestic."
"A man who runs away from his creditors, should have more delicacy than to waste his money in such a manner. When you were at Baden-baden, were you not involved in some gambling transactions which compelled you to quit the Grand-Duchy abruptly?"
"I certainly had a dispute with a gentleman at cards: and I left the town next morning."
"Yes—and you left your clothes and your servant behind you—and your bill unpaid at the hotel?"
"But I have since met my servant, and paid him more than double the wages then due."
"You may stand down, sir," said the counsel for the defence—a permission of which the witness availed himself with surprising alacrity.
The counsel for the prosecution now called Mr. Whittingham. The poor butler ascended the witness-box with a rueful countenance; and, after an immense amount of badgering and baiting, admitted that his young master had meditated a sudden and abrupt departure from England, the very day upon which he was arrested. In his cross-examination he declared that the motives of the journey were founded upon certain regrets which Richard entertained at having permitted himself to be led away by Messrs. Chichester and Talbot, and Sir Rupert Harborough.
"And, my Lords," ejaculated the old domestic, elevating his voice, "Master Richard is no more guilty of this here circumwention than either one of your Lordships; but the man that did it all is that there Chichester, which bilked his wally-de-shamble, and that wulgar fellow, Talbot, which called me a tulip."
This piece of eloquence was delivered with much feeling; and the Judges smiled—for, they appreciated the motives of the honest old domestic.
The officer who arrested Markham, proved that he found upon his person, when he searched him at Bow Street, a pocket-book, containing between thirty and forty pounds, in notes and gold, together with a note for fifty pounds.
A clerk from the Bank of England proved that both the note for five hundred pounds changed at the bankers, and the one for fifty just alluded to, were forgeries.
The case for the prosecution here closed; and the Judges retired to partake of some refreshment.
Markham had leisure to think over the proceedings of the morning. He was literally astounded when he contemplated the diabolical perjury committed by Sir Rupert Harborough and Mr. Chichester; but he entertained the most sanguine hope that the discredit thrown upon the character of the latter would render his testimony worthless. He shuddered when he reflected how ingeniously the counsel for the prosecution had grouped together those circumstances which told against him; and then again a ray of satisfaction animated his countenance, when he remembered that his counsel would speedily show those circumstances in a new light.
The Judges returned: silence prevailed throughout the hall; and the prisoner's counsel rose for the defence. Richard seated himself in the dock, and prepared to listen with the greatest attention to the speech of his advocate; and Whittingham placed his hand in a curved position behind his ear, in order to assist that organ on the present important occasion.
The counsel for the defence began by giving some account of the family and social position of the prisoner, who was born of parents accustomed to move in the first rank of life, and who was the heir to a fortune of no inconsiderable amount. During his minority, his guardian, who was then present, had promised to allow the prisoner six hundred pounds a-year. With these pecuniary advantages, it was absurd to suppose that a young man of education—a young man whose noble and honourable feelings had been the object of remark on the part of all his friends, and who had only to express a want to his guardian, in order to receive its immediate gratification—it was absurd to imagine that such an individual would either enter into a conspiracy with others, or plan by himself, for the purpose of raising money upon forged notes. No—this young man was one of a most generous and confiding disposition; and, as he had seen but little of the world, he was totally unacquainted with its wiles and artifices. Thus was he made the dupe of some designing villains, at his very outset upon life. The whole history of the present transaction was to be summed up in a few words. A gang of conspirators had hit upon the desperate mode of passing forged notes, in order to retrieve their ruined fortunes. Not as magnanimous as the highwayman who perils his own existence while he perpetrates a crime, these men required a tool of whom they might make use, and who could be at any time sacrificed to save them. This instrument—this scapegoat, was the prisoner at the bar. The witness, whose real name was Chichester, but who, by his own confession, had travelled on the Continent under another denomination, was not a person on whom the Jury could place any reliance. He had assumed a distinction to which he was by no means entitled—he had affected all the arrogance and importance of a man of rank and fashion,—whereas he was the son of a pawnbroker in the refined locality of Brick-Lane, Bethnal Green! Endowed with much impudence, clever in imitating the manners of his superiors, and well versed in all the intricacies and subtleties of the world, this possessor of assumed distinctions—this swaggering imitator of a class far above him—this adventurer, with fascinating conversation, ready wit, amusing anecdote, and fashionable attire,—this roué of the present day, with jewellery about his person, and gold in his pocket—allowing ever an engaging smile to play upon his lips, and professing unmitigated disgust at the slightest appearance of vulgarity in another,—this individual—this Mr. Chichester was the principal witness whom the counsel for the prosecution had brought forward. But no English Jury would condemn a fellow creature upon such testimony—the testimony of one who was compelled to fly ignominiously and precipitately from Baden, on account of some rascality at cards, and who left his domestic in a strange land, pennyless, ignorant of the language, and surrounded by the odium which also attached itself to the name of his master. The prisoner had no motive in passing forged notes, because he was wealthy;—but Mr. Chichester had a motive, because he evidently lived far beyond the means which his father could allow him.
The learned counsel here related the manner in which Richard had been induced to change the larger note, and had become possessed of the smaller.