The Project Gutenberg eBook ofFoul PlayThis ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.Title: Foul PlayAuthor: Charles ReadeDion BoucicaultRelease date: February 1, 2003 [eBook #3702]Most recently updated: January 8, 2021Language: EnglishCredits: Produced by James Rusk. HTML version by Al Haines.*** START OF THE PROJECT GUTENBERG EBOOK FOUL PLAY ***
This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.
Title: Foul PlayAuthor: Charles ReadeDion BoucicaultRelease date: February 1, 2003 [eBook #3702]Most recently updated: January 8, 2021Language: EnglishCredits: Produced by James Rusk. HTML version by Al Haines.
Title: Foul Play
Author: Charles ReadeDion Boucicault
Author: Charles Reade
Dion Boucicault
Release date: February 1, 2003 [eBook #3702]Most recently updated: January 8, 2021
Language: English
Credits: Produced by James Rusk. HTML version by Al Haines.
*** START OF THE PROJECT GUTENBERG EBOOK FOUL PLAY ***
[Transcriber's note: Italics are indicated by the underscore character (_). Accent marks are ignored.]
THERE are places which appear, at first sight, inaccessible to romance; and such a place was Mr. Wardlaw's dining-room in Russell Square. It was very large, had sickly green walls, picked out with aldermen, full length; heavy maroon curtains; mahogany chairs; a turkey carpet an inch thick: and was lighted with wax candles only.
In the center, bristling and gleaming with silver and glass, was a round table, at which fourteen could have dined comfortably; and at opposite sides of this table sat two gentlemen, who looked as neat, grave, precise, and unromantic, as the place: Merchant Wardlaw, and his son.
Wardlaw senior was an elderly man, tall, thin, iron-gray, with a round head, a short, thick neck, a good, brown eye, a square jowl that betokened resolution, and a complexion so sallow as to be almost cadaverous. Hard as iron: but a certain stiff dignity and respectability sat upon him, and became him.
Arthur Wardlaw resembled his father in figure, but his mother in face. He had, and has, hay-colored hair, a forehead singularly white and delicate, pale blue eyes, largish ears, finely chiseled features, the under lip much shorter than the upper; his chin oval and pretty, but somewhat receding; his complexion beautiful. In short, what nineteen people out of twenty would call a handsome young man, and think they had described him.
Both the Wardlaws were in full dress, according to the invariable custom of the house; and sat in a dead silence, that seemed natural to the great sober room.
This, however, was not for want of a topic; on the contrary, they had a matter of great importance to discuss, and in fact this was why they dinedtete-a-tete.But their tongues were tied for the present; in the first place, there stood in the middle of the table an epergne, the size of a Putney laurel-tree; neither Wardlaw could well see the other, without craning out his neck like a rifleman from behind his tree; and then there were three live suppressors of confidential intercourse, two gorgeous footmen and a somber, sublime, and, in one word, episcopal, butler; all three went about as softly as cats after a robin, and conjured one plate away, and smoothly insinuated another, and seemed models of grave discretion: but were known to be all ears, and bound by a secret oath to carry down each crumb of dialogue to the servants' hall, for curious dissection and boisterous ridicule.
At last, however, those three smug hypocrites retired, and, by good luck, transferred their suffocating epergne to the sideboard; so then father and son looked at one another with that conscious air which naturally precedes a topic of interest; and Wardlaw senior invited his son to try a certain decanter of rare old port, by way of preliminary.
While the young man fills his glass, hurl we in his antecedents.
At school till fifteen, and then clerk in his father's office till twenty-two, and showed an aptitude so remarkable, that John Wardlaw, who was getting tired, determined, sooner or later, to put the reins of government into his hands. But he conceived a desire that the future head of his office should be a university man. So he announced his resolution, and to Oxford went young Wardlaw, though he had not looked at Greek or Latin for seven years. He was, however, furnished with a private tutor, under whom he recovered lost ground rapidly. The Reverend Robert Penfold was a first-class man, and had the gift of teaching. The house of Wardlaw had peculiar claims on him, for he was the son of old Michael Penfold, Wardlaw's cashier; he learned from young Wardlaw the stake he was playing for, and instead of merely giving him one hour's lecture per day, as he did to his other pupils, he used to come to his rooms at all hours, and force him to read, by reading with him. He also stood his friend in a serious emergency. Young Wardlaw, you must know, was blessed or cursed with Mimicry; his powers in that way really seemed to have no limit, for he could imitate any sound you liked with his voice, and any form with his pen or pencil. Now, we promise you, he was one man under his father's eye, and another down at Oxford; so, one night, this gentleman, being warm with wine, opens his window, and, seeing a group of undergraduates chattering and smoking in the quadrangle, imitates the peculiar grating tones of Mr. Champion, vice-president of the college, and gives them various reasons why they ought to disperse to their rooms and study. "But, perhaps," says he, in conclusion, "you are too blind drunk to read Bosh in crooked letters by candle-light? In that case——"
And he then gave them some very naughty advice how to pass the evening; still in the exact tones of Mr. Champion, who was a very, very strict moralist; and this unexpected sally of wit caused shrieks of laughter, and mightily tickled all the hearers, except Champion ipse, who was listening and disapproving at another window. He complained to the president. Then the ingenious Wardlaw, not having come down to us in a direct line from Bayard, committed a great mistake—he denied it.
It was brought home to him, and the president, who had laughed in his sleeve at the practical joke, looked very grave at the falsehood; Rustication was talked of and even Expulsion. Then Wardlaw came sorrowfully to Penfold, and said to him, "I must have been awfully cut, for I don't remember all that; I had been wining at Christchurch. I do remember slanging the fellows, but how can I tell what I said? I say, old fellow, it will be a bad job for me if they expel me, or even rusticate me; my father will never forgive me; I shall be his clerk, but never his partner; and then he will find out what a lot I owe down here. I'm done for! I'm done for!"
Penfold uttered not a word, but grasped his hand, and went off to the president, and said his pupil had wined at Christchurch, and could not be expected to remember minutely. Mimicry was, unfortunately, a habit with him. He then pleaded for the milder construction with such zeal and eloquence that the high-minded scholar he was addressing admitted that construction waspossible,and therefore must be received. So the affair ended in a written apology to Mr. Champion which had all the smoothness and neatness of a merchant's letter. Arthur Wardlaw was already a master in that style.
Six months after this, and one fortnight before the actual commencement of our tale, Arthur Wardlaw, well crammed by Penfold, went up for his final examination, throbbing with anxiety. He passed; and was so grateful to his tutor that, when the advowson of a small living near Oxford came into the market, he asked Wardlaw senior to lend Robert Penfold a sum of money, much more than was needed. And Wardlaw senior declined without a moment's hesitation.
This slight sketch will serve as a key to the dialogue it has postponed, and to subsequent incidents.
"Well, Arthur, and so you have really taken your degree?"
"No, sir; but I have passed my examination. The degree follows as a matter of course—that is a mere question of fees."
"Oh! Then now I have something to say to you. Try one more glass of the '47 port. Stop; you'll excuse me; I am a man of business; I don't doubt your word; Heaven forbid! but, do you happen to have any document you can produce, in further confirmation of what you state; namely, that you have passed your final examination at the University?"
"Certainly, sir;" replied young Wardlaw. "My Testamur."
"What is that?"
The young gentleman put his hand in his pocket and produced his Testamur, or "We bear witness"; a short printed document in Latin, which may be thus translated:
"We bear witness that Arthur Wardlaw, of St. Luke's College, has answered our questions in humane letters."GEORGE RICHARDSON,"ARTHUR SMYTHE,"EDWARD MERIVALE,"Examiners."
Wardlaw senior took it, laid it beside him on the table, inspected it with his double eye-glass, and, not knowing a word of Latin, was mightily impressed, and his respect for his son rose forty or forty-five per cent.
"Very well, sir," said he. "Now listen to me. Perhaps it was an old man's fancy; but I have often seen in the world what a stamp these universities put upon a man. To send you back from commerce to Latin and Greek, at two-and-twenty, was trying you rather hard; it was trying you doubly; your obedience, and your ability into the bargain. Well, sir, you have stood the trial, and I am proud of you. And so now it is my turn. From this day and from this hour look on yourself as my partner in the old established house of Wardlaw. My balance-sheet shall be prepared immediately, and the partnership deed drawn. You will enter on a flourishing concern, sir; and you will virtually conduct it, in written communication with me; for I have had five-and-forty years of it; and then my liver, you know! Watson advises me strongly to leave my desk, and try country air, and rest from business and its cares."
He paused a moment; and the young man drew a long breath, like one who was in the act of being relieved of some terrible weight.
As for the old gentleman, he was not observing his son just then, but thinking of his own career; a certain expression of pain and regret came over his features; but he shook it off with manly dignity. "Come, come," said he, "this is the law of Nature, and must be submitted to with a good grace. Wardlaw junior, fill your glass." At the same time he stood up and said, stoutly, "The setting sun drinks to the rising sun;" but could not maintain that artificial style, and ended with, "God bless you, my boy, and may you stick to business; avoid speculation, as I have done; and so hand the concern down healthy to your son, as my father there (pointing to a picture) handed it down to me, and I to you."
His voice wavered slightly in uttering this benediction; but only for a moment. He then sat quietly down, and sipped his wine composedly.
Not so the other. His color came and went violently all the time his father was speaking, and, when he ceased, he sank into his chair with another sigh deeper than the last, and two half-hysterical tears came to his pale eyes.
But presently, feeling he was expected to say something, he struggled against all this mysterious emotion, and faltered out that he should not fear the responsibility, if he might have constant recourse to his father for advice.
"Why, of course," was the reply. "My country house is but a mile from the station. You can telegraph for me in any case of importance."
"When would you wish me to commence my new duties?"
"Let me see, it will take six weeks to prepare a balance-sheet, such as I could be content to submit to an incoming partner. Say two months."
Young Wardlaw's countenance fell.
"Meantime you shall travel on the Continent and enjoy yourself."
"Thank you," said young Wardlaw, mechanically, and fell into a brown study.
The room now returned to what seemed its natural state. And its silence continued until it was broken from without.
A sharp knocking was heard at the street door, and resounded across the marble hall.
The Wardlaws looked at one another in some little surprise.
"I have invited nobody," said the elder. Some time elapsed, and then a footman made his appearance and brought in a card.
"Mr. Christopher Adams."
Now that Mr. Christopher Adams should call on John Wardlaw, in his private room, at nine o'clock in the evening, seemed to that merchant irregular, presumptuous and monstrous. "Tell him he will find me at my place of business to-morrow, as usual," said he, knitting his brows.
The footman went off with this message; and, soon after, raised voices were heard in the hall, and the episcopal butler entered the room with an injured countenance.
"He says hemustsee you; he is in great anxiety."
"Yes, I am in great anxiety," said a quavering voice at his, elbow; and Mr. Adams actually pushed by the butler, and stood, hat in hand, in those sacred precincts. "'Pray excuse me, sir," said he, "but it is very serious; I can't be easy in my mind till I have put you a question."
"This is very extraordinary conduct, sir," said Mr. Wardlaw. "Do you think I do business here, and at all hours?"
"Oh, no, sir. It is my own business. I am come to ask you a very serious question. I couldn't wait till morning with such a doubt on my mind."
"Well, sir, I repeat this is irregular and extraordinary; but as you are here, pray what is the matter?" He then dismissed the lingering butler with a look. Mr. Adams cast uneasy glances on young Wardlaw.
"Oh," said the elder, "you can speak before him. This is my partner; that is to say, he will be as soon as the balance-sheet can be prepared and the deed drawn. Wardlaw junior, this is Mr. Adams, a very respectable bill discounter."
The two men bowed to each other, and Arthur Wardlaw sat down motionless.
"Sir, did you draw a note of hand to-day?" inquired Adams of the elder merchant.
"I dare say I did. Did you discount one signed by me?"
"Yes, sir, we did."
"Well, sir, you have only to present it at maturity. Wardlaw & Son will provide for it, I dare say." This with the lofty nonchalance of a rich man who had never broken an engagement in his life.
"Ah, that I know they will if it is all right; but suppose it is not?"
"What d'ye mean?" asked Wardlaw, with some astonishment.
"Oh, nothing, sir! It bears your signature, that is good for twenty times the amount; and it is indorsed by your cashier. Only what makes me a little uneasy, your bills used to be always on your own forms, and so I told my partner; he discounted it. Gentlemen, I wish you would just look at it."
"Of course we will look at it. Show it Arthur first; his eyes are younger than mine."
Mr. Adams took out a large bill-book, extracted the note of hand, and passed it across the table to Wardlaw junior. He took it up with a sort of shiver, and bent his head very low over it; then handed it back in silence.
Adams took it to Wardlaw senior and laid it before him by the side of Arthur's Testamur.
The merchant inspected it with his glasses.
"The writing is mine, apparently."
"I am very glad of it," said the bill-broker, eagerly.
"Stop a bit," said Mr. Wardlaw. "Why, what is this? For two thousand pounds! and, as you say, not my form. I have signed no note for two thousand pounds this week. Dated yesterday. You have not cashed it, I hope?"
"I am sorry to say my partner has."
"Well, sir, not to keep you in suspense, the thing is not worth the stamp it is written on."
"Mr. Wardlaw!—Sir!—Good heavens! Then it is as I feared. It is a forgery."
"I should be puzzled to find any other name for it. You need not look so pale, Arthur. We can't help some clever scoundrel imitating our hands; and as for you, Adams, you ought to have been more cautious."
"But, sir, your cashier's name is Penfold," faltered the holder, clinging to a straw. "May he not have drawn—is the indorsement forged as well?"
Mr. Wardlaw examined the back of the bill, and looked puzzled. "No," said he. "My cashier's name is Michael Penfold, but this is indorsed 'Robert Penfold.' Do you hear, Arthur? Why, what is the matter with you? You look like a ghost. I say there is your tutor's name at the back of this forged note. That is very strange. Just look, and tell me who wrote these two words 'Robert Penfold'?"
Young Wardlaw took the document and tried to examine it calmly, but it shook visibly in his hand, and a cold moisture gathered on his brow. His pale eyes roved to and fro in a very remarkable way; and he was so long before he said anything that both the other persons present began to eye him with wonder.
At last he faltered out, "This 'Robert Penfold' seems to me very like his own handwriting. But then the rest of the writing is equally like yours, sir. I am sure Robert Penfold never did anything wrong. Mr. Adams, please obligeme.Let this go no further till I have seen him, and asked him whether he indorsed it."
"Now don't you be in a hurry," said the elder Wardlaw. "The first question is, who received the money?"
Mr. Adams replied that it was a respectable-looking man, a young clergyman.
"Ah!" said Wardlaw, with a world of meaning.
"Father!" said young Wardlaw, imploringly, "for my sake, say no more to-night. Robert Penfold is incapable of a dishonest act."
"It becomes your years to think so, young man. But I have lived long enough to see what crimes respectable men are betrayed into in the hour of temptation. And, now I think of it, this Robert Penfold is in want of money. Did he not ask me for a loan of two thousand pounds? Was not that the very sum? Can't you answer me? Why, the application came through you."
Receiving no reply from his son, but a sort of agonized stare, he took out his pencil and wrote down Robert Penfold's address. This he handed the bill-broker, and gave him some advice in a whisper, which Mr. Christopher Adams received with a profusion of thanks, and bustled away, leaving Wardlaw senior excited and indignant, Wardlaw junior ghastly pale and almost stupefied.
Scarcely a word was spoken for some minutes, and then the younger man broke out suddenly: "Robert Penfold is the best friend I ever had; I should have been expelled but for him, and I should never have earned that Testamur but for him."
The old merchant interrupted him. "You exaggerate. But, to tell the truth, I am sorry now I did not lend him the money you asked for. For, mark my words, in a moment of temptation that miserable young man has forged my name, and will be convicted of the felony and punished accordingly."
"No, no. Oh, God forbid!" shrieked young Wardlaw. "I couldn't bear it. If he did, he must have intended to replace it. I must see him; I will see him directly." He got up all in a hurry, and was going to Penfold to warn him, and get him out of the way till the money should be replaced. But his father started up at the same moment and forbade him, in accents that he had never yet been able to resist.
"Sit down, sir, this instant," said the old man, with terrible sternness. "Sit down, I say, or you will never be a partner of mine. Justice must take its course. What business and what right have we to protect a felon? I would not take your part if you were one. Indeed it is too late now, for the detectives will be with him before you could reach him. I gave Adams his address."
At this last piece of information Wardlaw junior leaned his head on the table and groaned aloud, and a cold perspiration gathered in beads upon his white forehead.
THAT same evening sat over their tea, in Norfolk Street, Strand, another couple, who were also father and son; but, in this pair, the Wardlaws were reversed. Michael Penfold was a reverend, gentle creature, with white hair, blue eyes and great timidity; why, if a stranger put to him a question he used to look all round the room before he ventured to answer.
Robert, his son, was a young man with a large brown eye, a mellow voice, square shoulders and a prompt and vigorous manner. Cricketer. Scholar. Parson.
They were talking hopefully together over a living Robert was going to buy. It was near Oxford, he said, and would not prevent his continuing to take pupils. "But, father," said he, "it will be a place to take my wife to if I ever have one; and, meantime, I hope you will run down now and then, Saturday to Monday."
"That I will, Robert. Ah! how proudshewould have been to hear you preach; it was always her dream, poor thing."
"Let us think shecanhear me," said Robert. "And I have gotyoustill; the proceeds of this living will help me to lodge you more comfortably."
"You are very good, Robert. I would rather see you spend it upon yourself; but, dear me, what a manager you must be to dress so beautifully as you do, and send your old father presents as you do, and yet put by fourteen hundred pounds to buy this living."
"You are mistaken, sir, I have only saved four hundred; the odd thousand— But that is a secret for the present."
"Oh, I am not inquisitive. I never was."
They then chatted about things of no importance whatever, and the old gentleman was just lighting his candle to go to bed, when a visitor was ushered into the room.
The Penfolds looked a little surprised, but not much. They had no street door all to themselves; no liveried dragons to interpose between them and unseasonable or unwelcome visitors.
The man was well dressed, with one exception; he wore a gold chain. He had a hooked nose, and a black, piercing eye. He stood at the door and observed every person and thing in the room minutely before he spoke a word.
Then he said, quietly, "Mr. Michael Penfold, I believe."
"At your service, sir.
"And Mr. Robert Penfold."
"I am Robert Penfold. What is your business?"
"Pray is the 'Robert Penfold' at the back of this note your writing?"
"Certainly it is; they would not cash it without that."
"Oh, you got the money, then?"
"Of course I did."
"You have not parted with it, have you?"
"No."
"All the better." He then turned to Michael and looked at him earnestly a moment. "The fact is, sir," said he, "there is a little irregularity about this bill which must be explained, or your son might be called on to refund the cash."
"'Irregularity about—a bill?" cried Michael Penfold, in dismay "Who is the drawer? Let me see it. Oh, dear me, something wrong about a bill indorsed by you, Robert?" and the old man began to shake piteously.
"Why, father," said Robert, "what are you afraid of? If the bill is irregular I can but return the money. It is in the house."
"The best way will be for Mr. Robert Penfold to go at once with me to the bill-broker; he lives but a few doors off. And you, sir, must stay here and be responsible for the funds, till we return."
Robert Penfold took his hat directly, and went off with this mysterious visitor.
They had not gone many steps, when Robert's companion stopped, and, getting in front of him, said, "We can settle this matter here." At the same time a policeman crossed the way and joined them; and another man, who was, in fact, a policeman in plain clothes, emerged from a doorway and stood at Robert Penfold's back.
The detective, having thus surrounded him, threw off his disguise. "My man," said he, "I ought to have done this job in your house. But I looked at the worthy old gentleman and his gray hairs. I thought I'd spare him all I could. I have a warrant to arrest you for forgery!"
"Forgery! arrest me for forgery!" said Robert Penfold, with some amazement, but little emotion; for he hardly seemed to take it in, in all its horrible significance.
The next moment, however, he turned pale, and almost staggered under the blow.
"We had better go to Mr. Wardlaw," said he. "I entreat you to go to him with me."
"Can't be done," said the detective. "Wardlaw has nothing to do with it. The bill is stopped. You are arrested by the gent that cashed it. Here is the warrant; will you go quietly with us, or must I put the darbies on?"
Robert was violently agitated. "There is no need to arrest me," he cried; "I shall not run from my accuser. Hands off, I say. I'm a clergyman of the Church of England, and you shall not lay hands on me."
But one of the policemen did lay hands on him. Then the Reverend Robert Penfold shook him furiously off, and, with one active bound, sprang into the middle of the road.
The officers went at him incautiously, and the head detective, as he rushed forward, received a heavy blow on the neck and jaw that sounded along the street, and sent him rolling in the mud; this was followed by a quick succession of staggering facers, administered right and left on the eyes and noses of the subordinates. These, however, though bruised and bleeding, succeeded at last in grappling their man, and all came to the ground together, and there struggled furiously; every window in the street was open by this time, and at one the white hair and reverend face of Michael Penfold looked out on this desperate and unseemly struggle with hands that beat the air in helpless agony and inarticulate cries of terror.
The detective got up and sat upon Robert Penfold's chest; and at last the three forced the handcuffs upon him and took him in a cab to the station-house.
Next day, before the magistrate, Wardlaw senior proved the note was a forgery, and Mr. Adams's partner swore to the prisoner as the person who had presented and indorsed the note. The officers attended, two with black eyes apiece, and one with his jaw bound up, and two sound teeth in his pocket, which had been driven from their sockets by the prisoner in his desperate attempt to escape. Their evidence hurt the prisoner, and the magistrate refused bail.
The Reverend Robert Penfold was committed to prison, to be tried at the Central Criminal Court on a charge of felony.
Wardlaw senior returned home, and told Wardlaw junior, who said not a word. He soon received a letter from Robert Penfold, which agitated him greatly, and he promised to go to the prison and see him.
But he never went.
He was very miserable, a prey to an inward struggle. He dared not offend his father on the eve of being made partner. Yet his heart bled for Robert Penfold.
He did what might perhaps have been expected from that pale eye and receding chin—he temporized. He said to himself, "Before that horrible trial comes on, I shall be the house of Wardlaw, and able to draw a check for thousands. I'll buy off Adams at any price, and hush up the whole matter."
So he hoped, and hoped. But the accountant was slow, the public prosecutor unusually quick; and, to young Wardlaw's agony, the partnership deed was not ready when an imploring letter was put into his hands, urging him, by all that men hold sacred, to attend at the court as the prisoner's witness.
This letter almost drove young Wardlaw mad. He went to Adams and entreated him not to carry the matter into court. But Adams was inexorable. He had got his money, but would be revenged for the fright.
Baffled here, young Wardlaw went down to Oxford and shut himself up in his own room, a prey to fear and remorse. He sported his oak, and never went out. All his exercise was that of a wild beast in its den, walking restlessly up and down.
But all his caution did not prevent the prisoner's solicitor from getting to him. One morning, at seven o'clock, a clerk slipped in at the heels of his scout, and, coming to young Wardlaw's bedside, awoke him out of an uneasy slumber by serving him with a subpoena to appear as Robert Penfold's witness.
This last stroke finished him. His bodily health gave way under his mental distress. Gastric fever set in, and he was lying tossing and raving in delirium, while Robert Penfold was being tried at the Central Criminal Court.
The trial occupied six hours, and could easily be made rather interesting. But, for various reasons, with which it would not be good taste to trouble the reader, we decide to skim it.
The indictment contained two counts; one for forging the note of hand, the other for uttering it knowing it to be forged.
On the first count, the Crown was weak, and had to encounter the evidence of Undercliff, the distinguished expert, who swore that the hand which wrote "Robert Penfold" was not, in his opinion, the hand that had written the body of the instrument. He gave many minute reasons in support of this. And nothing of any weight was advanced contra. The judge directed the jury to acquit the prisoner on that count.
But, on the charge of uttering, the evidence was clear, and on the question of knowledge it was, perhaps, a disadvantage to the prisoner that he was tried in England, and could not be heard in person, as he could have been in a foreign court; above all, his resistance to the officers eked out the presumption that he knew the note had been forged by some person or other, who was probably his accomplice.
The absence of his witness, Wardlaw junior, was severely commented on by his counsel; indeed, he appealed to the judge to commit the said Wardlaw for contempt of court. But Wardlaw senior was recalled, and swore that he had left his son in a burning fever, not expected to live. And declared, with genuine emotion, that nothing but a high sense of public duty had broughthimhither from his dying son's bedside. He also told the court that Arthur's inability to clear his friend had really been the first cause of his illness, from which he was not expected to recover.
The jury consulted together a long time; and, at last, brought in a verdict of "GUILTY"; but recommended him to mercy on grounds which might fairly have been alleged in favor of his innocence; but, if guilty, rather aggravated his crime.
Then an officer of the court inquired, in a sort of chant or recitative, whether the prisoner had anything to say why judgment should not be given in accordance with the verdict.
It is easy to divest words of their meaning by false intonation; and prisoners in general receive this bit of singsong in dead silence. For why? the chant conveys no idea to their ears, and they would as soon think ofreplyingto the notes of a cuckoo.
But the Reverend Robert Penfold was in a keen agony that sharpened all his senses; he caught the sense of the words in spite of the speaker, and clung wildly to the straw that monotonous machine held out. "My lord! my lord!" he cried, "I'll tell you the real reason why young Wardlaw is not here."
The judge put up his hand with a gesture that enforced silence. "Prisoner," said he, "I cannot go back to facts; the jury have dealt with them. Judgment can be arrested only on grounds of law. On these you can be heard. But, if you have none to offer, you must be silent and submit to your sentence." He then, without a pause, proceeded to point out the heinous character of the offense, but admitted there was one mitigating circumstance; and, in conclusion, he condemned the culprit to five years' penal servitude.
At this the poor wretch uttered a cry of anguish that was fearful, and clutched the dock convulsively.
Now a prisoner rarely speaks to a judge without revolting him by bad law, or bad logic, or hot words. But this wild cry was innocent of all these, and went straight from the heart in the dock to the heart on the judgment seat. And so his lordship's voice trembled for a moment, and then became firm again, but solemn and humane.
"But," said he, "my experience tells me this is your first crime, and may possibly be your last. I shall therefore use my influence that you may not be associated with more hardened criminals, but may be sent out of this country to another, where you may begin life afresh, and, in the course of years, efface this dreadful stain. Give me hopes of you; begin your repentance where now you stand, by blaming yourself, and no other man. No man constrained you to utter a forged note, and to receive the money; it was found in your possession. For such an act there can be no defense in law, morality, or religion."
These words overpowered the culprit. He burst out crying with great violence.
But it did not last long. He became strangely composed all of a sudden; and said, "God forgive all concerned in this—but one—but one."
He then bowed respectfully, and like a gentleman, to the judge and the jury, and walked out of the dock with the air of a man who had parted with emotion, and would march to the gallows now without flinching.
The counsel for the Crown required that the forged document should be impounded.
"I was about to make the same demand," said the prisoner's counsel.
The judge snubbed them both, and said it was a matter of course.
Robert Penfold spent a year in separate confinement, and then, to cure him of its salutary effect (if any), was sent on board the hulkVengeance,and was herded with the greatest miscreants in creation. They did not reduce him to their level, but they injured his mind. And, before half his sentence had expired, he sailed for a penal colony, a man with a hot coal in his bosom, a creature imbittered, poisoned; hoping little, believing little, fearing little, and hating much.
He took with him the prayer-book his mother had given him when he was ordained deacon. But he seldom read beyond the fly-leaf. There the poor lady had written at large her mother's heart, and her pious soul aspiring heavenward for her darling son. This, when all seemed darkest, he would sometimes run to with moist eyes. For he was sure of his mother's love, but almost doubted the justice of his God.