in respect of the absolute whiteness of his hair, and a certain indescribable intensity of face: not of an active kind, but pondering and self-communing. When this expression was upon him, he looked as if he were old; but when it was stirred and broken up—as it was now, in a moment, on his speaking to his daughter—he became a handsome man, not past the prime of life.
His daughter had one of her hands drawn through his arm, as she sat by him, and the other pressed upon it. She had drawn close to him, in her dread of the scene, and in her pity for the prisoner. Her forehead had been strikingly expressive of an engrossing terror and compassion that saw nothing but the peril of the accused. This had been so very noticeable, so very powerfully and naturally shown, that starers who had had no pity for him were touched by her; and the whisper went about, “Who are they?”
Jerry, the messenger, who had made his own observations, in his own manner, and who had been sucking the rust off his fingers in his absorption, stretched his neck to hear who they were. The crowd about him had pressed and passed the inquiry on to the nearest attendant, and from him it had been more slowly pressed and passed back; at last it got to Jerry:
“Witnesses.”
“For which side?”
“Against.”
“Against what side?”
“The prisoner’s.”
The Judge, whose eyes had gone in the general direction, recalled them, leaned back in his seat, and looked steadily at the man whose life was in his hand, as Mr. Attorney-General rose to spin the rope, grind the axe, and hammer the nails into the scaffold.
III. A Disappointment
Mr. Attorney-General had to inform the jury, that the prisoner before them, though young in years, was old in the treasonable practices which claimed the forfeit of his life. That this correspondence with the public enemy was not a correspondence of to-day, or of yesterday, or even of last year, or of the year before. That, it was certain the prisoner had, for longer than that, been in the habit of passing and repassing between France and England, on secret business of which he could give no honest account. That, if it were in the nature of traitorous ways to thrive (which happily it never was), the real wickedness and guilt of his business might have remained undiscovered. That Providence, however, had put it into the heart of a person who was beyond fear and beyond reproach, to ferret out the nature of the prisoner’s schemes, and, struck with horror, to disclose them to his Majesty’s Chief Secretary of State and most honourable Privy Council. That, this patriot would be produced before them. That, his position and attitude were, on the whole, sublime. That, he had been the prisoner’s friend, but, at once in an auspicious and an evil hour detecting his infamy, had resolved to immolate the traitor he could no longer cherish in his bosom, on the sacred altar of his country. That, if statues were decreed in Britain, as in ancient Greece and Rome, to public benefactors, this shining citizen would assuredly have had one. That, as they were not so decreed, he probably would not have one. That, Virtue, as had been observed by the poets (in many passages which he well knew the jury would have, word for word, at the tips of their tongues; whereat the jury’s countenances displayed a guilty consciousness that they knew nothing about the passages), was in a manner contagious; more especially the bright virtue known as patriotism, or love of country. That, the lofty example of this immaculate and unimpeachable witness for the Crown, to refer to whom however unworthily was an honour, had communicated itself to the prisoner’s servant, and had engendered in him a holy determination to examine his master’s table-drawers and pockets, and secrete his papers. That, he (Mr. Attorney-General) was prepared to hear some disparagement attempted of this admirable servant; but that, in a general way, he preferred him to his (Mr. Attorney-General’s) brothers and sisters, and honoured him more than his (Mr. Attorney-General’s) father and mother. That, he called with confidence on the jury to come and do likewise. That, the evidence of these two witnesses, coupled with the documents of their discovering that would be produced, would show the prisoner to have been furnished with lists of his Majesty’s forces, and of their disposition and preparation, both by sea and land, and would leave no doubt that he had habitually conveyed such information to a hostile power. That, these lists could not be proved to be in the prisoner’s handwriting; but that it was all the same; that, indeed, it was rather the better for the prosecution, as showing the prisoner to be artful in his precautions. That, the proof would go back five years, and would show the prisoner already engaged in these pernicious missions, within a few weeks before the date of the very first action fought between the British troops and the Americans. That, for these reasons, the jury, being a loyal jury (as he knew they were), and being a responsible jury (as they knew they were), must positively find the prisoner Guilty, and make an end of him, whether they liked it or not. That, they never could lay their heads upon their pillows; that, they never could tolerate the idea of their wives laying their heads upon their pillows; that, they never could endure the notion of their children laying their heads upon their pillows; in short, that there never more could be, for them or theirs, any laying of heads upon pillows at all, unless the prisoner’s head was taken off. That head Mr. Attorney-General concluded by demanding of them, in the name of everything he could think of with a round turn in it, and on the faith of his solemn asseveration that he already considered the prisoner as good as dead and gone.
When the Attorney-General ceased, a buzz arose in the court as if a cloud of great blue-flies were swarming about the prisoner, in anticipation of what he was soon to become. When toned down again, the unimpeachable patriot appeared in the witness-box.
Mr. Solicitor-General then, following his leader’s lead, examined the patriot: John Barsad, gentleman, by name. The story of his pure soul was exactly what Mr. Attorney-General had described it to be—perhaps, if it had a fault, a little too exactly. Having released his noble bosom of its burden, he would have modestly withdrawn himself, but that the wigged gentleman with the papers before him, sitting not far from Mr. Lorry, begged to ask him a few questions. The wigged gentleman sitting opposite, still looking at the ceiling of the court.
Had he ever been a spy himself? No, he scorned the base insinuation. What did he live upon? His property. Where was his property? He didn’t precisely remember where it was. What was it? No business of anybody’s. Had he inherited it? Yes, he had. From whom? Distant relation. Very distant? Rather. Ever been in prison? Certainly not. Never in a debtors’ prison? Didn’t see what that had to do with it. Never in a debtors’ prison?—Come, once again. Never? Yes. How many times? Two or three times. Not five or six? Perhaps. Of what profession? Gentleman. Ever been kicked? Might have been. Frequently? No. Ever kicked downstairs? Decidedly not; once received a kick on the top of a staircase, and fell downstairs of his own accord. Kicked on that occasion for cheating at dice? Something to that effect was said by the intoxicated liar who committed the assault, but it was not true. Swear it was not true? Positively. Ever live by cheating at play? Never. Ever live by play? Not more than other gentlemen do. Ever borrow money of the prisoner? Yes. Ever pay him? No. Was not this intimacy with the prisoner, in reality a very slight one, forced upon the prisoner in coaches, inns, and packets? No. Sure he saw the prisoner with these lists? Certain. Knew no more about the lists? No. Had not procured them himself, for instance? No. Expect to get anything by this evidence? No. Not in regular government pay and employment, to lay traps? Oh dear no. Or to do anything? Oh dear no. Swear that? Over and over again. No motives but motives of sheer patriotism? None whatever.
The virtuous servant, Roger Cly, swore his way through the case at a great rate. He had taken service with the prisoner, in good faith and simplicity, four years ago. He had asked the prisoner, aboard the Calais packet, if he wanted a handy fellow, and the prisoner had engaged him. He had not asked the prisoner to take the handy fellow as an act of charity—never thought of such a thing. He began to have suspicions of the prisoner, and to keep an eye upon him, soon afterwards. In arranging his clothes, while travelling, he had seen similar lists to these in the prisoner’s pockets, over and over again. He had taken these lists from the drawer of the prisoner’s desk. He had not put them there first. He had seen the prisoner show these identical