ELIZABETH GASKELL Premium Collection: 10 Novels & 40+ Short Stories; Including Poems, Essays & Biographies (Illustrated). Elizabeth Gaskell
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the indictment, and in a minute or two there was the accustomed question, "How say you, Guilty, or Not Guilty?"
Although but one answer was expected,—was customary in all cases,—there was a pause of dead silence, an interval of solemnity even in this hackneyed part of the proceeding; while the prisoner at the bar stood with compressed lips, looking at the judge with his outward eyes, but with far other and different scenes presented to his mental vision;—a sort of rapid recapitulation of his life,—remembrances of his childhood,—his father (so proud of him, his first-born child),—his sweet little playfellow, Mary,—his hopes, his love,—his despair, yet still, yet ever and ever, his love,—the blank, wide world it had been without her love,—his mother,—his childless mother,—but not long to be so,—not long to be away from all she loved,—nor during that time to be oppressed with doubt as to his innocence, sure and secure of her darling's heart;—he started from his instant's pause, and said in a low firm voice,
"Not guilty, my lord."
The circumstances of the murder, the discovery of the body, the causes of suspicion against Jem, were as well known to most of the audience as they are to you, so there was some little buzz of conversation going on among the people while the leading counsel for the prosecution made his very effective speech.
"That's Mr. Carson, the father, sitting behind Serjeant Wilkinson!"
"What a noble-looking old man he is! so stern and inflexible, with such classical features! Does he not remind you of some of the busts of Jupiter?"
"I am more interested by watching the prisoner. Criminals always interest me. I try to trace in the features common to humanity some expression of the crimes by which they have distinguished themselves from their kind. I have seen a good number of murderers in my day, but I have seldom seen one with such marks of Cain on his countenance as the man at the bar."
"Well, I am no physiognomist, but I don't think his face strikes me as bad. It certainly is gloomy and depressed, and not unnaturally so, considering his situation."
"Only look at his low, resolute brow, his downcast eye, his white compressed lips. He never looks up,—just watch him."
"His forehead is not so low if he had that mass of black hair removed, and is very square, which some people say is a good sign. If others are to be influenced by such trifles as you are, it would have been much better if the prison barber had cut his hair a little previous to the trial; and as for down-cast eye, and compressed lip, it is all part and parcel of his inward agitation just now; nothing to do with character, my good fellow."
Poor Jem! His raven hair (his mother's pride, and so often fondly caressed by her fingers), was that too to have its influence against him?
The witnesses were called. At first they consisted principally of policemen; who, being much accustomed to giving evidence, knew what were the material points they were called on to prove, and did not lose the time of the court in listening to any thing unnecessary.
"Clear as day against the prisoner," whispered one attorney's clerk to another.
"Black as night, you mean," replied his friend; and they both smiled.
"Jane Wilson! who's she? some relation, I suppose, from the name."
"The mother,—she that is to prove the gun part of the case."
"Oh, ay—I remember! Rather hard on her, too, I think."
Then both were silent, as one of the officers of the court ushered Mrs. Wilson into the witness-box. I have often called her "the old woman," and "an old woman," because, in truth, her appearance was so much beyond her years, which might not be many above fifty. But partly owing to her accident in early life, which left a stamp of pain upon her face, partly owing to her anxious temper, partly to her sorrows, and partly to her limping gait, she always gave me the idea of age. But now she might have seemed more than seventy; her lines were so set and deep, her features so sharpened, and her walk so feeble. She was trying to check her sobs into composure, and (unconsciously) was striving to behave as she thought would best please her poor boy, whom she knew she had often grieved by her uncontrolled impatience. He had buried his face in his arms, which rested on the front of the dock (an attitude he retained during the greater part of his trial, and which prejudiced many against him).
The counsel began the examination.
"Your name is Jane Wilson, I believe."
"Yes, sir."
"The mother of the prisoner at the bar?"
"Yes, sir;" with quivering voice, ready to break out into weeping, but earning respect by the strong effort at self-control, prompted, as I have said before, by her earnest wish to please her son by her behaviour.
The barrister now proceeded to the important part of the examination, tending to prove that the gun found on the scene of the murder was the prisoner's. She had committed herself so fully to the policeman, that she could not well retract; so without much delay in bringing the question round to the desired point, the gun was produced in court, and the inquiry made—
"That gun belongs to your son, does it not?"
She clenched the sides of the witness-box in her efforts to make her parched tongue utter words. At last she moaned forth,
"Oh! Jem, Jem! what mun I say?"
Every one bent forward to hear the prisoner's answer; although, in fact, it was of little importance to the issue of the trial. He lifted up his head; and with a face brimming full of pity for his mother, yet resolved into endurance, said,
"Tell the truth, mother!"
And so she did, with the fidelity of a little child. Every one felt that she did; and the little colloquy between mother and son did them some slight service in the opinion of the audience. But the awful judge sat unmoved; and the jurymen changed not a muscle of their countenances; while the counsel for the prosecution went triumphantly through this part of the case, including the fact of Jem's absence from home on the night of the murder, and bringing every admission to bear right against the prisoner.
It was over. She was told to go down. But she could no longer compel her mother's heart to keep silence, and suddenly turning towards the judge (with whom she imagined the verdict to rest), she thus addressed him with her choking voice.
"And now, sir, I've telled you the truth, and the whole truth, as he bid me; but don't ye let what I have said go for to hang him; oh, my lord judge, take my word for it, he's as innocent as the child as has yet to be born. For sure, I, who am his mother, and have nursed him on my knee, and been gladdened by the sight of him every day since, ought to know him better than yon pack of fellows" (indicating the jury, while she strove against her heart to render her words distinct and clear for her dear son's sake) "who, I'll go bail, never saw him before this morning in all their born days. My lord judge, he's so good I often wondered what harm there was in him; many is the time when I've been fretted (for I'm frabbit enough at times), when I've scold't myself, and said, 'You ungrateful thing, the Lord God has given you Jem, and isn't that blessing enough for you?' But He has seen fit to punish me. If Jem is—if Jem is—taken from me, I shall be a childless woman; and very poor, having nought left to love on earth, and I cannot say 'His will be done.' I cannot, my lord judge, oh, I cannot."
While sobbing out these words she was led away by the officers of the court, but tenderly, and reverently, with the respect which great sorrow commands.
The stream of evidence went on and on, gathering fresh force from every witness who was examined, and threatening to overwhelm poor Jem. Already they had proved that the gun was his, that he had been heard not many days before the commission of the deed to threaten the deceased; indeed, that the police had, at that time, been obliged to interfere to prevent some probable act of violence. It only remained to bring forward a sufficient motive for the threat and the murder. The clue to this had been furnished by the policeman, who had overheard Jem's angry language to Mr. Carson; and his report in the first instance had occasioned the subpœna to Mary.
And now she was to be called on to bear witness. The court was by this time almost