there was no room in his bosom for despair. They should not hang him. He would fight them tooth and claw, and yet Lionel should not suffer. He would take care of that. And then the thought of Lionel changed his mood a little. How easily could he have shattered their accusation, how easily have brought her to her proud knees imploring pardon of him! By a word he could have done it, yet he feared lest that word must jeopardize his brother.
In the calm, still watches of that night, as he lay sleepless upon his bed and saw things without heat, there crept a change into his mental attitude. He reviewed all the evidence that had led her to her conclusions, and he was forced to confess that she was in some measure justified of them. If she had wronged him, he had wronged her yet more. For years she had listened to all the poisonous things that were said of him by his enemies--and his arrogance had made him not a few. She had disregarded all because she loved him; her relations with her brother had become strained on that account, yet now, all this returned to crush her; repentance played its part in her cruel belief that it was by his hand Peter Godolphin had fallen. It must almost seem to her that in a sense she had been a party to his murder by the headstrong course to which she had kept in loving the man her brother hated.
He saw it now, and was more merciful in judging her. She had been more than human if she had not felt as he now saw that she must feel, and since reactions are to be measured by the mental exaltations from which they spring, so was it but natural that now she must hate him fiercely whom she had loved wellnigh as fiercely.
It was a heavy cross to bear. Yet for Lionel's sake he must bear it with what fortitude he could. Lionel must not be sacrificed to his egoism for a deed that in Lionel he could not account other than justified. He were base indeed did he so much as contemplate such a way of escape as that.
But if he did not contemplate it, Lionel did, and went in terror during those days, a terror that kept him from sleep and so fostered the fever in him that on the second day after that grim affair he had the look of a ghost, hollow-eyed and gaunt. Sir Oliver remonstrated with him and in such terms as to put heart into him anew. Moreover, there was other news that day to allay his terrors: the Justices, at Truro had been informed of the event and the accusation that was made; but they had refused point-blank to take action in the matter. The reason of it was that one of them was that same Master Anthony Baine who had witnessed the affront offered Sir Oliver. He declared that whatever had happened to Master Godolphin as a consequence was no more than he deserved, no more than he had brought upon himself, and he gave it as his decision that his conscience as a man of honour would not permit him to issue any warrant to the constable.
Sir Oliver received this news from that other witness, the parson, who himself had suffered such rudeness at Godolphin's hands, and who, man of the Gospel and of peace though he was, entirely supported the Justice's decision--or so he declared.
Sir Oliver thanked him, protesting that it was kind in him and in Master Baine to take such a view, but for the rest avowing that he had had no hand in the affair, however much appearances might point to him.
When, however, it came to his knowledge two days later that the whole countryside was in a ferment against Master Baine as a consequence of the attitude he had taken up, Sir Oliver summoned the parson and straightway rode with him to the Justice's house at Truro, there to afford certain evidence which he had withheld from Rosamund and Sir John Killigrew.
"Master Baine," he said, when the three of them were closeted in that gentleman's library, "I have heard of the just and gallant pronouncement you have made, and I am come to thank you and to express my admiration of your courage."
Master Baine bowed gravely. He was a man whom Nature had made grave.
"But since I would not that any evil consequences might attend your action, I am come to lay proof before you that you have acted more rightly even than you think, and that I am not the slayer."
"You are not?" ejaculated Master Baine in amazement.
"Oh, I assure you I use no subterfuge with you, as you shall judge. I have proof to show you, as I say; and I am come to do so now before time might render it impossible. I do not desire it to be made public just yet, Master Baine; but I wish you to draw up some such document as would satisfy the courts at any future time should this matter be taken further, as well it may."
It was a shrewd plea. The proof that was not upon himself was upon Lionel; but time would efface it, and if anon publication were made of what he was now about to show, it would then be too late to look elsewhere.
"I assure you, Sir Oliver, that had you killed him after what happened I could not hold you guilty of having done more than punish a boorish and arrogant offender."
"I know sir. But it was not so. One of the pieces of evidence against me--indeed the chief item--is that from Godolphin's body to my door there was a trail of blood."
The other two grew tensely interested. The parson watched him with unblinking eyes.
"Now it follows logically, I think, inevitably indeed, that the murderer must have been wounded in the encounter. The blood could not possibly have been the victim's, therefore it must have been the slayer's. That the slayer was wounded indeed we know, since there was blood upon Godolphin's sword. Now, Master Baine, and you, Sir Andrew, shall be witnesses that there is upon my body not so much as a scratch of recent date. I will strip me here as naked as when first I had the mischance to stray into this world, and you shall satisfy yourselves of that. Thereafter I shall beg you, Master Baine, to indite the document I have mentioned." And he removed his doublet as he spoke. "But since I will not give these louts who accuse me so much satisfaction, lest I seem to go in fear of them, I must beg, sirs, that you will keep this matter entirely private until such time as its publication may be rendered necessary by events."
They saw the reasonableness of his proposal, and they consented, still entirely sceptical. But when they had made their examination they were utterly dumbfounded to find all their notions entirely overset. Master Baine, of course, drew up the required document, and signed and sealed it, whilst Sir Andrew added his own signature and seal as witness thereunto.
With this parchment that should be his buckler against any future need, Sir Oliver rode home, uplifted. For once it were safe to do so, that parchment should be spread before the eyes of Sir John Killigrew and Rosamund, and all might yet be well.
CHAPTER VI. JASPER LEIGH
If that Christmas was one of sorrow at Godolphin Court, it was nothing less at Penarrow.
Sir Oliver was moody and silent in those days, given to sit for long hours staring into the heart of the fire and repeating to himself again and again every word of his interview with Rosamund, now in a mood of bitter resentment against her for having so readily believed his guilt, now in a gentler sorrowing humour which made full allowance for the strength of the appearances against him.
His half-brother moved softly about the house now in a sort of self-effacement, never daring to intrude upon Sir Oliver's abstractions. He was well acquainted with their cause. He knew what had happened at Godolphin Court, knew that Rosamund had dismissed Sir Oliver for all time, and his heart smote him to think that he should leave his brother to bear this burden that rightly belonged to his own shoulders.
The thing preyed so much upon his mind that in an expansive moment one evening he gave it tongue.
"Noll," he said, standing beside his brother's chair in the firelit gloom, and resting a hand upon his brother's shoulder, "were it not best to tell the truth?"
Sir Oliver looked up quickly, frowning. "Art mad?" quoth he. "The truth would hang thee, Lal."
"It might not. And in any case you are suffering something worse than hanging. Oh, I have watched you every hour this past week, and I know the pain that abides in you. It is not just." And he insisted--"We had best tell the truth."
Sir Oliver smiled wistfully. He put out a hand and took his brother's.
"'Tis