After a talk with Luke Marner early in the morning Bill Swinton went down into Marsden to hear if there was any news of Ned. He was soon back again.
“Maister Ned's took,” he said as he met Luke, who was standing in front of his cottage awaiting his return before starting out to renew his search for Ned.
“Oi hear, at noine o'clock last noight he walked in to Justice Thompson's and said as he had coom to give hisself up. He said as how he had been over at Painton, where the old woman as was his nurse lives; and directly as the news coom in t' arternoon as Foxey had been killed and he was wanted for the murder, he coom straight over.”
“That's roight,” Luke said heartily; “that settles it. He must ha' been innocent or he would ha' bolted straight away, and not coom back and gi'd hisself oop to justice. It were only his hiding away as maade oi think as he moight ha' done it. Noo in course he will be able to clear hisself; for if he was over at Painton, why, he couldn't be here—that be plain to any one.”
“Oi be aveared, by what t' constable told me, as he won't be able vor to prove it. It seems as how he didn't get to Painton till t' morning. He says as how he were awalking aboot on t' moor all night. So you see he will have hard work vor to clear hisself.”
“Then I shall ha' to give meself up,” Luke said quietly. “Ye see as it can't do him harm now, 'cause he ha' coom back; and ef oi says as I killed the man they will open the doors, and he will only have to walk out.”
“Oi ha' been a-thinking of that as I coom back,” Bill said, “and oi doan't think as oi see my way clear through it now. Firstly, if Maister Ned did it, of course he will hold his tongue and leave 'em to prove it, which maybe they can't do; so he has a chance of getting off. But if you cooms forward and owns up, he will be saaf, if he did it, to say so at once; and so you will have done him harm rather nor good. Vor of course he will be able to prove his story better nor you will yourn, and you will have put the noose round his neck instead of getting it put round yourn. In the second place, it be loike enough as they lawyer chaps moight find out as your story weren't true when they coom to twisting me inside owt in the box. They might foind as oi war a-swearing false. There be never no saying. They moight prove as that bit of rope warn't yourn. Polly moight swear as she hadn't been asleep till arter the time you said you went out, and that you never moved as long as she war awake. Lots of unexpected things moight turn up to show it war a lie and then you know they'd drop onto Maister Ned wourse nor ever.”
“I doan't believe they would ask you any questions, Bill. When a man cooms and says, 'Oi did a murder,' they doan't want to ask many questions aboot it. They takes it vor granted as he wouldn't be such a fool as vor to say he did it when he didn't. But th' other point be more sarous. It be loike enough as t' lad did it, and if he did he will out wi' it when oi cooms forward. If oi could get to see him first oi moight argue him into holding his tongue by pointing owt that moi loife bain't of so much valley as hissen, also that I owe a debt to his feyther.”
“Well, oi ha' been thinking it over,” Bill said, “and moi opinion is thou had best hold thy tongue till the trial. Thou can'st be in the court. Ef the jury foind him innocent, of course thou will't hold thy tongue; ef they foind him guilty, then thou'lt get up in the court, and thou'lt say to the joodge, civil loike:
“Moi lord, the gentlemen of the jury have made a mistake; oi am the chap as killed Foxey and oi ha' got a young man here as a witness as moi words is true.”
“Perhaps that will be the best way, Bill,” Luke said thoughtfully. “Oi ha' bin thinking how we moight get over Polly's evidence agin me; every noight oi will get up regular and coom and ha' a talk wi' you; oi will coom out wi'out my shoes as quiet as a cat, and then if Polly sweers as oi didn't leave t' house that noight thou can'st sweer as she knows nothing at all aboot it, as oi ha' been out every noight to see thee.”
So the matter was allowed to stand for the time; and Bill and Luke, when they had had their breakfast, went down again to Marsden to hear what was going on. Marsden was greatly excited. The sensation caused by the news of the murder scarcely exceeded that which was aroused when it was heard that Ned Sankey had come in and given himself up. Some thought that at the examination which was to take place at noon he would at once confess his guilt, while others believed that he would plead not guilty, and would throw the burden of proving that he killed his stepfather upon the prosecution.
All through the previous day Mrs. Mulready had been the central object of interest to the town gossips pending the capture of her son. Dr. Green had been in and out of the house all day. It was known that she had passed from one fit of hysterics into another, and that the doctor was seriously alarmed about her state. Rumors were about that the servants, having been interviewed at the back gate, said, that in the intervals of her screaming and wild laughter she over and over again accused Ned as the murderer of her husband. Dr. Green, when questioned, peremptorily refused to give any information whatever as to his patient's opinions or words.
“The woman is well nigh a fool at the best of times,” he said irritably, “and at present she knows no more what she is saying than a baby. Her mind is thrown completely off any little balance that it had and she is to all intents and purposes a lunatic.”
Only with his friend Mr. Porson, who called upon him after the first visit had been paid to Mrs. Mulready immediately after her husband's body had been brought in, did Dr. Green discuss in any way what had happened.
“I agree with you, Porson, in doubting whether the poor boy had a hand in this terrible business. We both know, of course, that owing to the bad training and total absence of control when he was a child in India his temper was, when he first came here, very hot and ungovernable. His father often deplored the fact to me, blaming himself as being to a great extent responsible for it, through not having had time to watch and curb him when he was a child; but he was, as you say, an excellently disposed boy, and your testimony to the efforts which he has made to overcome his faults is valuable. But I cannot conceal from you, who are a true friend of the boy's, what I should certainly tell to no one else, namely, that I fear that his mother's evidence will be terribly against him.
“She has always been prejudiced against him. She is a silly, selfish woman. So far as I could judge she cared little for her first husband, who was a thousand times too good for her; but strangely enough she appears to have had something like a real affection for this man Mulready, who, between ourselves, I believe, in spite of his general popularity in the town, to have been a bad fellow. One doesn't like to speak ill of the dead under ordinary circumstances, but his character is an important element in the question before us. Of course among my poorer patients I hear things of which people in general are ignorant, and it is certain that there was no employer in this part of the country so thoroughly and heartily detested by his men.”
“I agree with you cordially,” Mr. Porson said. “Unfortunately I know from Ned's own lips that the lad hated his stepfather; but I can't bring myself to believe that he has done this.”
“I hope not,” the doctor said gravely, “I am sure I hope not; but I have been talking with his brother, who is almost heartbroken, poor boy, and he tells me that there was a terrible scene last night. It seems that Mulready was extremely cross and disagreeable at tea time; nothing, however, took place at the table; but after the meal was over, and the two boys were alone together in that little study of theirs, Ned made some disparaging remarks about Mulready. The door, it seems, was open. The man overheard them, and brutally assaulted the boy, and indeed Charlie thought that he was killing him. He rushed in and fetched his mother, who interfered, but not before Ned had been sadly knocked about. Mulready then drove off to his factory, and Ned, who seems to have been half stunned, went out almost without saying a word, and, as you know, hasn't been heard of since.
“It certainly looks very dark against him. You and I, knowing the boy, and liking him, may have our doubts, but the facts are terribly against him, and unless he is absolutely in the position to prove an alibi, I fear that it will go hard with him.”
“I cannot believe it,” Mr. Porson said, “although I admit that the facts are terribly against him. Pray, if you get an opportunity urge upon his mother that her talk will do Ned horrible damage and may cost him his life. I shall at once go and instruct Wakefield to appear for him, if he is taken, and to obtain the best professional assistance for his defense. I feel completely unhinged by the news, the boy has been such a favorite of mine ever since I came here; he has fought hard against his faults, and had the makings of a very fine character in him. God grant that he may be able to clear himself of this terrible accusation!”
Ned's first examination was held on the morning after he had given himself up, before Mr. Simmonds and Mr. Thompson. The sitting was a private one. The man who first found Mr. Mulready's body testified to the fact that a rope had been laid across the road. Constable Williams proved that when he arrived upon the spot nothing had been touched. Man and horse lay where they had fallen, the gig was broken in pieces, a strong rope was stretched across the road. He said that on taking the news to Mrs. Mulready he had learned from the servants that the prisoner had not slept at home that night, and that there had been a serious quarrel between him and the deceased the previous evening.
After hearing this evidence Ned was asked if he was in a position to account for the time which had elapsed between his leaving home and his arrival at his nurse's cottage.
He replied that he could only say that he had been wandering on the moor.
The case was remanded for a week, as the evidence of Mrs. Mulready and the others in the house would be necessary, and it was felt that a mother could not be called upon to testify against her son with her husband lying dead in the house.
“I am sorry indeed to see you in this position,” Mr. Simmonds said to Ned. “My friendship for your late father, and I may say for yourself, makes the position doubly painful to me, but I can only do my duty. I should advise you to say nothing at this period of the proceedings; but if there is anything which you think of importance to say, and which will give another complexion to the case, I am ready to hear it.”
“I have nothing to say, sir,” Ned said quietly, “except that I am wholly innocent of the affair. As you may see by my face I was brutally beaten by my stepfather on the evening before his death. I went out of the house scarce knowing what I was doing. I had no fixed intention of going anywhere or of doing anything, I simply wanted to get away from home. I went on to the moors and wandered about, I suppose for some hours. Then I threw myself down under the shelter of a pile of stones and lay there awake till it was morning. Then I determined to go to the house of my old nurse and to stop there until I was fit to be seen. In the afternoon I heard what had taken place here, and that I was accused of the murder, and I at once came over here and gave myself up.”
“As you are not in a position to prove what you state,” Mr. Simmonds said, “we have nothing to do but to remand the case until this day week. I may say that I have received a letter from Dr. Green saying that he and Mr. Porson are ready to become your bail to any amount; but we could not think of accepting bail in a charge of murder.”
Ned bowed and followed the constable without a word to the cells. His appearance had not been calculated to create a favorable impression. His clothes were stained and muddy; his lips were swollen, his eyes were discolored and so puffed that he could scarcely see between the lids, his forehead was bruised and cut in several places. He had passed two sleepless nights; his voice had lost its clearness of ring and was low and husky. Mr. Simmonds shook his head to his fellow magistrate.
“I am afraid it's a bad case, Thompson, but the lad has been terribly ill used, there is no doubt about that. It's a thousand pities he takes up the line of denying it altogether. If he were to say, what is no doubt the truth, that having been brutally beaten he put the rope across the road intending to punish and even injure his stepfather, but without any intention of killing him, I think under the circumstances of extreme provocation, and what interest we could bring to bear on the matter, he would get off the capital punishment, for the jury would be sure to recommend him to mercy. I shall privately let Green and Porson, who are evidently acting as his friends in the matter, know that I think it would be far better for him to tell the truth and throw himself on the mercy of the crown.”
“They may not find him guilty,” Mr. Thompson said. “The jury will see that he received very strong provocation; and after all, the evidence is, so far as we know at present, wholly circumstantial, and unless the prosecution can bring home to him the possession of the rope, it is likely enough they will give him the benefit of the doubt.”
“His life is ruined anyhow,” Mr. Simmonds said. “Poor lad! poor lad! Another fortnight and I was going to apply for a commission for him. I wish to heavens I had done so at Christmas, and then all this misery would have been spared.”
As soon as Ned had been led back to the cell Mr. Porson obtained permission to visit him. He found him in a strange humor.
“Well, my poor boy,” he began, “this is a terrible business.”
“Who do you mean it is a terrible business for, Mr. Porson, me or him?”
Ned spoke in a hard unnatural voice, without the slightest tone of trouble or emotion. Mr. Porson perceived at once that his nerves were brought up to such a state of tension by the events of the preceding forty-eight hours that he was scarce responsible for what he was saying.
“I think I meant for you, Ned. I cannot pretend to have any feeling for the man who is dead, especially when I look at your face.”
“Yes, it is not a nice position for me,” Ned said coldly, “just at the age of seventeen to be suspected of the murder of one's stepfather, and such a nice stepfather too, such a popular man in the town! And not only suspected, but with a good chance of being hung for it.”
“Ned, my dear boy,” Mr. Porson said kindly, “don't talk in that way. You know that we, your friends, are sure that you did not do it.”
“Are you quite sure, sir?” Ned said. “I am not quite sure myself. I know I should have done it if I had had the chance. I thought over all sorts of ways in which I might kill him, and I wouldn't quite swear that I did not think of this plan and carry it out, though it doesn't quite seem to me that I did. I have no very definite idea what happened that night, and certainly could give but a vague account of myself from the time I left the house till next morning, when I found myself lying stiff and half frozen on the moor. Anyhow, whether I killed him or not it's all the same. I should have done so if I could. And if some one else has saved me the trouble I suppose I ought to feel obliged to him.”
Mr. Porson saw that in Ned's present state it was useless to talk to him. Two nights without sleep, together with the intense excitement he had gone through, had worked his brain to such a state of tension that he was not responsible for what he was saying. Further conversation would do him harm rather than good. What he required was rest and, if possible, sleep. Mr. Porson therefore only said quietly:
“We will not talk about it now, Ned; your brain is over excited with all you have gone through. What you want now is rest and sleep.”
“I don't feel sleepy, Mr. Porson. I don't feel as if I should ever get to sleep again. I don't look like it, do I?”
“No, Ned, I don't think you do at present; but I wish you did, my boy. Well, remember that we, your old friends, all believe you innocent of this thing, and that we will spare no pains to prove it to the world. I see,” he said, looking at the table, “that you have not touched your breakfast. I am not surprised that you could not eat it. I will see that you have a cup of really good tea sent you in.”
“No,” Ned said with a laugh which it pained Mr. Porson to hear, “I have not eaten since I had tea at home. It was only the day before yesterday, but it seems a year.”
On leaving the cell Mr. Porson went to Dr. Green, who lived only three or four doors away, told him of the state in which he had found Ned, and begged him to give him a strong and, as far as possible, tasteless sedative, and to put it in a cup of tea.
“Yes, that will be the best thing,” the doctor replied. “I had better not go and see him, for talking will do him harm rather than good. We shall be having him on our hands with brain fever if this goes on. I will go round with the tea myself to the head constable and tell him that no one must on any account be permitted to see Ned, and that rest and quiet are absolutely necessary for him. I will put a strong dose of opium into the tea.”
Ten minutes later Dr. Green called upon the chief constable and told him that he feared from what he had heard from Mr. Porson that Ned was in a very critical state, and that unless he got rest and sleep he would probably have an attack of brain fever, even if his mind did not give way altogether.
“I was intending to have him removed at once,” the officer said, “to a comfortable room at my own house. He was only placed where he is temporarily. I exchanged a few words with him after the examination and was struck myself with the strangeness of his tone. Won't you see him?”
“I think that any talk is bad for him,” the doctor said. “I have put a strong dose of opium in this tea, and I hope it will send him off to sleep. When he recovers I will see him.”
“I think, doctor,” the constable said significantly, “it would be a good thing if you were to see him at once. You see, if things go against him, and between ourselves the case is a very ugly one, if you could get in the box and say that you saw him here, and that, in your opinion, his mind was shaken, and that as likely as not he had not been responsible for his actions from the time he left his mother's house, it might save his life.”
“That is a capital idea,” Dr. Green said, “and Porson's evidence would back mine. Yes, I will go in and see him even if my visit does do him harm.”
“I will move him into his new quarters first,” the officer said; “then if he drinks the tea he may, if he feels sleepy, throw himself on the bed and go off. He will be quiet and undisturbed there.”
Two or three minutes later the doctor was shown into a comfortable room. A fire was burning brightly, and the tea was placed on a little tray with a new roll and a pat of butter.
Ned's mood had somewhat changed. He received the doctor with a boisterous laugh.
“How are you, doctor? Here I am, you see, monarch of all I survey. This is the first time you have visited me in a room which I could consider entirely my own. Not a bad place either.”
“I hope you will not be here long, Ned,” Dr. Green said, humoring him. “We shall all do our best to get you out as soon as we can.”
“I don't think your trying will be of much use, doctor; but what's the odds as long as you are happy!”
“That's right, my boy, nothing like looking at matters cheerfully. You know, lad, how warmly all your old friends are with you. Would you like me to bring Charlie next time I come?”
“No, no, doctor,” Ned said almost with a cry. “No. I have thought it over, and Charlie must not see me. It will do him harm and I shall break down. I shall have to see him at the trial—of course he must be there—that will be bad enough.”
“Very well,” the doctor said quietly, “just as you like, Ned. I shall be seeing you every day, and will give him news of you. I am going to see him now.”
“Tell him I am well and comfortable and jolly,” Ned said recklessly.
“I will tell him you are comfortable, Ned, and I should like to tell him that you had eaten your breakfast.”
“Oh, yes! Tell him that. Say I ate it voraciously.” And he swallowed down the cup of tea and took a bite at the roll.
“I will tell him,” Dr. Green said. “I will come in again this evening, and will perhaps bring in with me a little medicine. You will be all the better for a soothing draught.”
“I want no draughts,” Ned said. “Why should I? I am as right as ninepence.”
“Very well. We will see,” the doctor said. “Now I must be going my rounds.”
As soon as he had gone Ned began pacing up and down the room, as he had done the whole of the past night without intermission. Gradually, however, the powerful narcotic began to take effect. His walk became slower, his head began to droop, and at last he stumbled toward the bed in the corner of the room, threw himself heavily down, and was almost instantly sound asleep. Five minutes later the door opened quietly and Dr. Green entered.
He had been listening outside the door, had noticed the change in the character of Ned's walk, and having heard the fall upon the bed, and had no fear of his rousing himself at his entrance. The boy was lying across the bed, and the doctor, who was a powerful man, lifted him gently and laid him with his head upon the pillow. He felt his pulse, and lifted his eyelid.
“It was a strong dose,” he said to himself, “far stronger than I should have dared give him at any other time, but nothing less would have acted, with his brain in such an excited state. I must keep in the town today and look in from time to time and see how he is going on. It may be that I shall have to take steps to rouse him.”
At the next visit Dr. Green looked somewhat anxious as he listened to the boy's breathing and saw how strongly he was under the influence of the narcotic.
“Under any other circumstances,” he said to the chief constable, who had entered the room with him, “I should take strong measures to arouse him at once, but as it is I will risk it. I know it is a risk both for him and me, for a nice scrape I should get in if he slipped through my fingers; but unless he gets sleep I believe his brain will go, and anything is better than that.”
“Yes, poor lad,” the officer said. “When I look at his face I confess my sympathies are all with him rather than with the man he killed.”
“I don't think he killed him,” the doctor said quietly. “I am almost sure he didn't.”
“You don't say so!” the chief constable said, surprised. “I had not the least doubt about it.”
“No. Nobody seems to have the least doubt about it,” the doctor said bitterly. “I am almost sure that he had nothing to do with it; but if he did it it was when he was in a state of such passion that he was practically irresponsible for his actions. At any rate, I am prepared to swear that his mind is unhinged at present. I will go back now and fetch two or three books and will then sit by him. He needs watching.”
For several hours the doctor sat reading by Ned's bedside. From time to time he leaned over the lad, listened to his breathing, felt his pulse, and occasionally lifted his eyelid. After one of these examinations, late in the afternoon, he rose with a sigh of relief, pulled down the blinds, gently drew the curtains, and then, taking his books, went down and noiselessly closed the door after him.
“Thank God! he will do now,” he said to the chief constable; “but it has been a very near squeak, and I thought several times I should have to take immediate steps to wake him. However, the effects are passing off, and he will soon be in a natural sleep. Pray let the house be kept as quiet as possible, and let no one go near him. The chances are he will sleep quietly till morning.”
The doctor called again the last thing that evening, but was told that no stir had been heard in Ned's room, and the same report met him when he came again next morning.
“That is capital,” he said. “Let him sleep on. He has a long arrears to make up. I shall not be going out today; please send in directly he wakes.”
“Very well,” the officer replied. “I will put a man outside his door, and the moment a move is heard I will let you know.”
It was not until after midday that the message arrived, and Dr. Green at once went in. Ned was sitting on the side of the bed, a constable having come off with the message as soon as he heard him make the first move.
“Well, Ned, how are you now?” Dr. Green asked cheerfully as he went to the window and drew back the curtains. “Had a good sleep, my boy, and feel all the better for it, I hope.”
“Yes, I think I have been asleep,” Ned said in a far more natural voice than that of the previous day. “How did the curtains get drawn?”
“I drew them, Ned. I looked in in the afternoon, and found you fast asleep, so I darkened the room.”
“Why, what time is it now?” Ned asked.
“Half past twelve, Ned.”
“Half past twelve! Why, how can that be?”
“Why, my boy, you have had twenty-two hours' sleep.”
Ned gave an exclamation of astonishment.
“You had two nights' arrears to make up for, and nature is not to be outraged in that way with impunity. I am very thankful that you had a good night, for I was really anxious about you yesterday.”
“I feel rather heavy and stupid now,” Ned said, “but I am all the better for my sleep.
“Let me think,” he began, looking round the room, for up till now remembrance of the past had not come back again, “what am I doing here? Oh! I remember now.”
“You are here, my boy, on a charge of which I have no doubt we shall prove you innocent. Of course Porson and I and all your friends know you are innocent, but we have got to prove it to the world, and we shall want all your wits to help us. But we needn't talk about that now. The first thing for you to do is to put your head in a basin of water. By the time you have had a good wash your breakfast will be here. I told my old cook to prepare it when I came out, and as you are a favorite of hers I have no doubt it will be a good one. After you have discussed that we can talk matters over. I sent my boy down to the school just now to ask Porson to come up here in half an hour. Then we three can lay our heads together and see what are the best steps to take.”
“Let me see,” Ned said thoughtfully. “Was I dreaming, or have I seen Mr. Porson since I came here?”
“You are not dreaming, Ned; but the fact is, you were not quite yourself yesterday. The excitement you had gone through had been too much for you.”
“It all seems a dream to me,” Ned said in a hopeless tone, “a confused, muddled sort of dream.”
“Don't think about it now, Ned,” the doctor said cheerfully, “but get off your things at once, and set to and sluice your head well with water. I will be back in a quarter of an hour with the breakfast.”
At the end of that time the doctor returned, his boy carrying a tray. The constable on duty took it from him, and would have carried it into Ned's room, but the doctor said:
“Give it me, Walker. I will take it in myself. I don't want him to see any of you just at present. His head's in a queer state, and the less he is impressed with the fact that he is in charge the better.”
Dr. Green found Ned looking all the better for his wash. The swelling of his face had now somewhat abated, but the bruises were showing out in darker colors than before; still he looked fresher and better.
“Here is your breakfast, Ned, and if you don't enjoy it Jane will be terribly disappointed.”
“I shall enjoy it, doctor. I feel very weak; but I do think I am hungry.”
“You ought to be, Ned, seeing that you have eaten nothing for two days.”
The doctor removed the cloth which covered the tray. The meal consisted of three kidneys and two eggs, and a great pile of buttered toast. The steam curled out of the spout of a dainty china teapot, and there was a small jug brimful of cream.
The tears came into Ned's eyes.
“Oh! how good you are, doctor!”
“Nonsense, good!” the doctor said; “come, eat away, that will be the best thanks to Jane and me.”
Ned needed no pressing. He ate languidly at first; but his appetite came as he went on, and he drank cup after cup of the fragrant tea, thick with cream. With the exception of one egg, he cleared the tray.
“There, doctor!” he said, as he pushed back his chair; “if you are as satisfied as I am you must be contented indeed.”
“I am, Ned; that meal has done us both a world of good. Ah! here is Porson, just arrived at the right moment.”
“How are you, Ned?” the master asked heartily.
“I am quite well, sir, thank you. Sleep and the doctor, and the doctor's cook, have done wonders for me. I hear you came yesterday, sir, but I don't seem to remember much about it.”
“Yes, I was here, Ned,” Mr. Porson said, “but you were pretty well stupid from want of sleep. However, I am glad to see you quite yourself again this morning.”
“And now,” the doctor said, “we three must put our heads together and see what is to be done. You understand, Ned, how matters stand, don't you?”
“Yes, sir,” Ned said after a pause; “I seem to know that some one said that Mr. Mulready was dead, and some one thought that I had killed him, and then I started to come over to give myself up. Oh! yes, I remember that, and then there was an examination before the magistrates. I remember it all; but it seems just as if it had been a dream.”
“Yes, that is what happened, Ned, and naturally it seems a dream to you, because you were so completely overcome by excitement and want of food and sleep that you were scarcely conscious of what was passing. Now we want you to think over quietly, as well as you can, what you did when you left home.”
Ned sat for a long time without speaking.
“It seems all confused,” he said at last. “I don't even remember going out of the house. I can remember his striking me in the face again and again, and then I heard my mother scream, and everything seems to have become misty. But I know I was walking about; I know that I was worrying to get at him, and that if I had met him I should have attacked him, and if I had had anything in my hand I should have killed him.”
“But you don't remember doing anything, Ned? You cannot recall that you went anywhere and got a rope and fastened it across the road with the idea of upsetting his gig on the way back from the mill?”
“No, sir,” Ned said decidedly; “I can't recollect anything of that at all. I am quite sure if I had done that I should remember it; for I seem to remember, now I think of it, a good deal of what I did. Yes, I went up through Varley; the lights weren't out, and I wondered what Bill would say if I were to knock at his door and he opened it and saw what a state my face was in. Then I went out on the moor, and it seems to me that I walked about for hours, and the longer I walked the more angry I was. At last—it could not have been long before morning, I think—I lay down for a time, and then when it was light I made up my mind to go over and see Abijah. I knew she would be with me. That's all I remember about it. Does my mother think I did it?”
Dr. Green hesitated a moment.
“Your mother is not in a state to think one way or the other, Ned; she is in such a state of grief that she hardly knows what she is saying or doing.”
In fact Mrs. Mulready entertained no doubt whatever upon the subject, and had continued to speak of Ned's wickedness until Dr. Green that morning had lost all patience with her, and told her she ought to be ashamed of herself to be the first to accuse her son, and that if he was hung she would only have herself to blame for it.
Ned guessed by the doctor's answer that his mother was against him.
“It is curious,” he said, “she did not take on so after my father's death, and he was always kind and good to her, while this man was just the reverse.”
“There's never any understanding women,” Dr. Green said testily, “and your mother is a singularly inconsequent and weak specimen of her sex. Well, Ned, and so that is all you can tell us about the way you passed that unfortunate evening. What a pity it is, to be sure, that you did not rouse up your friend Bill. His evidence would probably have cleared you at once. As it is, of course we believe your story, my boy. The question is, will the jury believe it?”
“I don't seem to care much whether they do or not,” Ned said sadly, “unless we find the man who did it. Every one will think me guilty even if I am acquitted. Fancy going on living all one's life and knowing that everyone one meets is thinking to himself, 'That is the man who killed his stepfather'—it would be better to be hung at once.”
“You must look at it in a more hopeful way than that, Ned,” Mr. Porson said kindly; “many will from the first believe, with us, that you are innocent. You will live it down, my boy, and sooner or later we may hope and believe that God will suffer the truth to be known. At the worst, you know you need not go on living here. The world is wide, and you can go where your story is unknown.
“Do not look on the darkest side of things. And now, for the present, I have brought you down a packet of books. If I were you I would try to read—anything is better than going on thinking. You will want all your wits about you, and the less you worry your mind the better. Mr. Wakefield will represent you at the examination next week; but I do not see that there will be much for him to do, as I fear there is little doubt that you will be committed for trial, when of course we shall get the best legal assistance for you. I will tell him exactly what you have said to me, and he can then come and see you or not as he likes. I shall come in every day. I have already obtained permission from the magistrates to do so. I shall go now and see Charlie and tell him all about it. It will cheer him very much, poor boy. You may be sure he didn't think you guilty; still, your assurance that you know nothing whatever about it will be a comfort to him.”
“Yes,” Ned said, “Charlie knows that I would not tell a lie to save my life, though he knows that I might possibly kill any one when I am in one of my horrible tempers; and I did think I was getting over them, Mr. Porson!” he broke out with a half sob. “I have really tried hard.”
“I know you have, Ned. I am sure you have done your best, my boy, and you have been sorely tried; but, now, I must be off. Keep up your spirits, hope for the best, and pray God to strengthen you to bear whatever may be in store for you, and to clear you from this charge.”
That evening when Mr. Porson was in his study the servant came in and said that a young man wished to speak to him.
“Who is it, Mary?”
“He says his name is Bill Swinton, sir.”
“Oh! I know,” the master said; “show him in.”
Bill was ushered in.
“Sit down, Bill,” Mr. Porson said; “I have heard of you as a friend of Sankey's. I suppose you have come to speak to me about this terrible business?”
“Ay,” Bill said, “that oi be, sir, seeing as how Ned always spake of you as a true friend, and loiked you hearty. They say too as you ha' engaged Lawyer Wakefield to defend him.”
“That is so, Bill. I am convinced of the boy's innocence. He has always been a favorite of mine. He has no relations to stand by him now, poor boy, so we who are his friends must do our best for him.”
“Surely,” Bill said heartily; “and dost really think as he didn't do it?”
“I may say I am quite sure he did not, Bill. Didn't you think so too?”
“No, sir,” Bill said; “it never entered my moind as he didn't do it. Oi heard as how t' chap beat Maister Ned cruel, and it seemed to me natural loike as he should sarve him out. Oi didn't suppose as how he meant vor to kill him, but as everyone said as how he did the job it seemed to me loike enough; but of course it didn't make no differ to oi whether so be as he killed un or not. Maister Ned's moi friend, and oi stands by him; still oi be main glad to hear as you think he didn't do it; but will the joodge believe it?”
“Ah! that I cannot say,” Mr. Porson replied. “I know the lad and believe his word; but at present appearances are sadly against him. That unfortunate affair that he had with my predecessor induced a general idea that he was very violent tempered. Then it has been notorious that he and his stepfather did not get on well together, and this terrible quarrel on the evening of Mr. Mulready's death seems only too plainly to account for the affair; still, without further evidence, I question if a jury will find him guilty. It is certain he had no rope when he went out, and unless the prosecution can prove that he got possession of a rope they cannot bring the guilt home to him.”
“No, surely,” Bill assented, and sat for some time without further speech; then he went on, “now, sir, what oi be come to thee about be this. Thou bee'st his friend and know'st best what 'ould be a good thing for him. Now we ha' been a-talking aboot a plan, Luke Marner and oi, as is Maister Ned's friends, and we can get plenty of chaps to join us. We supposes as arter the next toime as they has him up in coort they will send him off to York Castle to be tried at the 'sizes.”
“Yes; I have no doubt he will be committed after his next appearance, Bill; but what is the plan that you and your friend Luke were thinking of?”
“Well, we was a-thinking vor twenty or so on us to coom down at noight and break open t' cells. There be only t' chief constable and one other, and they wouldn't be no good agin us, and we could get Maister Ned owt and away long afore t' sojers would have toime to wake up and coom round; then we could hide un up on moor till there was toime to get un away across the seas. Luke he be pretty well bent on it, but oi says as before we did nothing oi would coom and ax thee, seeing as how thou bee'st a friend of his.”
“No, Bill,” Mr. Porson said gravely. “It would not do at all, and I am glad you came to ask me. If I thought it certain that the jury would find a verdict of guilty, and that Ned, innocent as I believe him of the crime, would be hung, I should say that your plan might be worth thinking of; for in that case Ned might possibly be got away till we his friends here could get at the bottom of the matter. Still it would be an acknowledgment for the time of his guilt, and I am sure that Ned himself would not run away without standing his trial even if the doors of his cell were opened. I shall see him tomorrow morning, and will tell him of your scheme on his behalf. I am sure he will be grateful, but I am pretty certain that he will not avail himself of it. If you will come down tomorrow evening I will let you know exactly what he says.”
As Mr. Porson expected, Ned, although much moved at the offer of his humble friends to free him by force, altogether declined to accept it.
“It is just like Bill,” he said, “ready to get into any scrape himself to help me: but I must stand my trial. I know that even if they cannot prove me guilty I cannot prove I am innocent; still, to run away would be an acknowledgment of guilt, and I am not going to do that.”
On the day appointed Ned was again brought up before the magistrates. The examination was this time in public, and the justice room was crowded. Ned, whose face was now recovering from the marks of ill usage, was pale and quiet. He listened in silence to the evidence proving the finding of Mr. Mulready's body. The next witness put into the box was one of the engineers at the factory; he proved that the rope which had been used in upsetting the gig had been cut from one which he had a short time before been using for moving a portion of the machinery. He had used the rope about an hour before Mr. Mulready came back in the evening, and it was then whole. After it had been done with it was thrown outside the mill to be out of the way, as it would not be required again.
After he had given his evidence Mr. Wakefield asked:
“Did you hear any one outside the mill when Mr. Mulready was there?”
“No, sir; I heard nothing.”
“Any one might have entered the yard, I suppose, and found the rope?”
“Yes; the gates were open, as we were at work.”
“Would the rope be visible to any one who entered the yard?”
“It would not be seen plainly, because it was a dark night; but any one prowling about outside the mill might have stumbled against it.”
“You have no reason whatever for supposing that it was Mr. Edward Sankey who cut this rope more than anyone else?”
“No, sir.”
Charlie was the next witness. The boy was as white as a sheet, and his eyes were swollen with crying. He glanced piteously at his brother, and exclaimed with a sob, “Oh! Ned.”
“Don't mind, Charlie,” Ned said quietly. “Tell the whole story exactly as it happened. You can't do me any harm, old boy.”
So encouraged Charlie told the whole story of the quarrel arising in the first place from his stepfather's ill temper at the tea table.
“Your brother meant nothing specially unpleasant in calling your stepfather Foxey?” Mr. Wakefield asked.
“No, sir; he had always called him so even before he knew that he was going to marry mother. It was a name, I believe, the men called him, and Ned got it from them.”
“I believe that your stepfather had received threatening letters, had he not?”
“Yes, sir, several; he was afraid to put his new machines to work because of them.”
“Thank you, that will do,” Mr. Wakefield said. “I have those letters in my possession,” he went on to the magistrates. “They are proof that the deceased had enemies who had threatened to take his life. Shall I produce them now?”
“It is hardly worth while, Mr. Wakefield, though they can be brought forward at the trial. I may say, indeed, that we have seen some of them already, for it was on account of these letters that we applied for the military to be stationed here.”
It was not thought necessary to call Mrs. Mulready; but the servant gave her evidence as to what she had heard of the quarrel, and as to the absence of Ned from home that night.
“Unless you are in a position to produce evidence, Mr. Wakefield, proving clearly that at the time the murder was committed the prisoner was at a distance from the spot, we are prepared to commit him for trial.”
Mr. Wakefield intimated that he should reserve his evidence for the trial itself, and Ned was then formally committed.
The examination in no way altered the tone of public opinion. The general opinion was that Ned had followed his stepfather to the mill, intending to attack him, that he had stumbled onto the coil of rope, and the idea occurred to him of tying it across the road and upsetting the gig on its return. Charlie's evidence as to the savage assault upon his brother had created a stronger feeling of sympathy than had before prevailed, and had the line of defense been that, smarting under his injuries, Ned had suddenly determined to injure his stepfather by upsetting the gig, but without any idea of killing him, the general opinion would have been that under such provocation as Ned had received a lengthened term of imprisonment would have been an ample punishment. More than one, indeed, were heard to say, “Well, if I were on the jury, my verdict would be, Served him right.”
Still, although there was greater sympathy than before with Ned, there were few, indeed, who doubted his guilt.
After Ned was removed from court he was taken back by the chief constable to his house, and ten minutes later he was summoned into the parlor, where he found Charlie and Lucy waiting him. Lucy, who was now ten years old, sprang forward to meet him; he lifted her, and for awhile she lay with her head on his shoulder and her arms round his neck, sobbing bitterly, while Charlie clung to his brother's disengaged hand.
“Don't cry, Lucy, don't cry little woman; it will all come right in the end;” but Lucy's tears were not to be stanched. Ned sat down, and after a time soothed her into stillness, but she still lay nestled up in his arms.
“It was dreadful, Ned,” Charlie said, “having to go into court as a witness against you. I had thought of running away, but did not know where to go to, and then Mr. Porson had a talk with me and told me that it was of the greatest importance that I should tell everything exactly word for word, just as it happened. He said every one knew there had been a quarrel, and that if I did not tell everything it would seem as if I was keeping something back in order to screen you, and that would do you a great deal of harm, and that, as really you were not to blame in the quarrel, my evidence would be in your favor rather than against you. He says he knew that you would wish me to tell exactly what took place.”
“Certainly, Charlie; there is nothing I could want hid. I was wrong to speak of him as Foxey, and to let fly as I did about him; but there was nothing intended to offend him in that, because, of course, I had no idea that he could hear me. The only thing I have to blame myself very much for is for getting into a wild passion. I don't think any one would say I did wrong in going out of the house after being knocked about so; but if I had not got into a passion, and had gone straight to Bill's, or to Abijah, or to Mr. Porson, which would have been best of all, to have stopped the night, all this would not have come upon me; but I let myself get into a blind passion and stopped in it for hours, and I am being punished for it.”
“It was natural that you should get in a passion,” Charlie said stoutly. “I think any one would have got in a passion.”
“I don't think you would, Charlie,” Ned said, smiling.
“No,” Charlie replied; “but then you see that is not my way. I should have cried all night; but then I am not a great, strong fellow like you, and it would not be so hard to be knocked about.”
“It's no use making excuses, Charlie. I know I ought not to have given way to my temper like that. Now, Lucy dear, as you are feeling better, you must sit up and talk to me. How is mother?”
“Mother is in bed,” Lucy said. “She's always in bed now; the house is dreadful, Ned, without you, and they say you are not to come back yet,” and the tears came very near to overflowing again.
“Ah! well, I hope I shall be back before long, Lucy.”
“I hope so,” Lucy said; “but you know you will soon be going away again to be a soldier.”
“I shall not go away again now, Lucy,” Ned said quietly. “When I come back it will be for good.”
“Oh! that will be nice,” Lucy said joyously, “just as it used to be, with no one to be cross and scold about everything.”
“Hush! little woman, don't talk about that. He had his faults, dear, as we all have, but he had a great deal to worry him, and perhaps we did not make allowances enough for him, and I do think he was really fond of you, Lucy, and when people are dead we should never speak ill of them.”
“I don't want to,” Lucy said, “and I didn't want him to be fond of me when he wasn't fond of you and Charlie or mother. It seems to me he wasn't fond of mother, and yet she does nothing but cry; I can't make that out, can you?”
Ned did not answer; his mother's infatuation for Mr. Mulready had always been a puzzle to him, and he could at present think of no reply which would be satisfactory to Lucy.
A constable now came in and said that there were other visitors waiting to see Ned. He then withdrew, leaving the lad to say goodby to his brother and sister alone. Ned kept up a brave countenance, and strove to make the parting as easy as possible for the others, but both were crying bitterly as they went out.
Ned's next visitors were Dr. Green and Mr. Porson.
“We have only a minute or two, my boy,” Mr. Porson said, “for the gig is at the door. The chief constable is going to drive you to York himself. You will go halfway and sleep on the road tonight. It is very good of him, as in that way no one will suspect that you are any but a pair of ordinary travelers. Keep up your spirits, my boy. We have sent to London for a detective from Bow Street to try and ferret out something of this mysterious business; and even if we do not succeed, I have every faith that it will come right in the end. And now goodby, my boy, I shall see you in a fortnight, for of course I shall come over to York to the trial to give evidence as to character.”
“And so shall I, Ned, my patients must get on without me for a day or two,” the doctor said. “Mr. Wakefield is waiting to see you. He has something to tell you which may help to cheer you. He says it is of no legal value, but it seems to me important.”