dealing with the point; and the word was much upon his lips during the course of a long and very strenuous speech, in which the case for the Crown was flouted from beginning to end, without, perhaps, enough of concentration on its more obvious weaknesses, or of respect for its undoubted strength. For the prisoner's proceedings on the night of the murder, however, supposing she had committed it, and still more on the morning after, it would have been difficult to find a better epithet; the only drawback was that this one had seen service in the cause of almost every murderer who ever went to the gallows—as counsel for the prosecution remarked in his reply, with deadly deference to his learned friend.
"On the other hand," he went on, wagging his eyeglasses with leisurely deliberation, and picking his words with a care that enhanced their effect, after the unbridled rhetoric of the defence—"on the other hand, gentlemen, if criminals never made mistakes, inconceivable or not as we may choose to consider them—if they never made those mistakes, they would never stand in that dock."
It was late on the Saturday afternoon when the judge summed up; but a pleasant surprise was in store for those who felt that his lordship must speak at greater length than either of the counsel between whom he was to hold the scales. The address from the bench was much the shortest of the three. Less exhaustive than the conventional review of a complicated case, it was a disquisition of conspicuous clearness and impartiality. Only the salient points were laid before the jury, for the last time, and in a nutshell, but with hardly a hint of the judge's own opinion upon any one of them. The expression of that opinion was reserved for a point of even greater import than the value of any separate piece of evidence. If, said the judge, the inferences and theory of the prosecution were correct; if this unhappy woman, driven to desperation by her husband, and knowing where he kept his pistols, had taken his life with one of them, and afterwards manufactured the traces of a supposititious burglary; then there was no circumstance connected with the crime which could by any possibility reduce it from murder to manslaughter. The solemnity of this pronouncement was felt in the farthest corner of the crowded court. So they were to find her guilty of wilful murder, or not guilty at all! Every eye sped involuntarily to the slim black figure in the dock; and, under the gaze of all, the figure made the least little bow—a movement so slight and so spontaneous as to suggest unconsciousness, but all the more eloquent on that account.
Yet to many in court, more especially to the theatrical folk behind the man with the white hair, the gesture was but one more subtle touch in an exhibition of consummate art and nerve.
"If they do acquit her," whispered one of these wiseacres to another, "she will make her fortune on the stage!"
Meanwhile the judge was dealing at the last with the prisoner's evidence in her own behalf, and that mercifully enough, though with less reticence than had characterized the earlier portions of his address. He did not think it possible or even desirable to forget that this was the evidence of a woman upon trial for her life. It must not be discredited on that account. But it was for the jury to bear in mind that the story was one which admitted of no corroboration, save in unimportant details. More than that he would not say. It was for them to judge of that story as they had heard it for themselves, on its own merits, but also in relation to the other evidence. If the jury believed it, there was an end of the case. If they had any reasonable doubt at all, the prisoner was entitled to the full benefit of that doubt, and they must acquit her. If, on the other hand, the facts taken together before and after the murder brought the jury to the conclusion that it was none other than the prisoner who had committed the murder—though, of course, no one was present to see the act committed—they must, in duty to their oaths, find her guilty.
During the judge's address the short November day had turned from afternoon to night, and a great change had come over the aspect of the dim and dingy court. Opaque globes turned into flaring suns; incandescent burners revealed unsuspected brackets; the place was warmed and lighted for the first time during the week. And the effect of the light and warmth was on all the faces that rose as one while the judge sidled from the bench, and the jury filed out of their box, and the prisoner disappeared down the dock stairs for the last time in ignorance of her fate. Next moment there was the buzz of talk that you expect in a theatre between the acts, rather than in a court of justice at the solemn crisis of a solemn trial. It was like a class-room with the master called away. Hats were put on again in the bulging galleries; hardly a tongue was still. On the bench a red-robed magnate and another in knee-breeches exchanged views upon the enlarged photographs which had played so prominent a part in the case; in the well the barristers' wigs nodded or shook over their pink blotters and their quill pens; gentlemen of the Press sharpened their pencils and indulged in prophecy; and on their right, between the reporters and the bench, the privileged few, the literary and theatrical elect, discussed the situation with abnormal callousness, masking emotion with a childlike cynicism of sentiment and phrase.
And for once the stranger in their midst, the man with more outward distinction than any one of them, the unknown man with the snowy hair, could afford to listen to what they had to say.
"No chance, my dear man. Not an earthly!"
"I'm not so sure of that."
"Will you bet?"
"No, hang it! What a beast you are! But I thought the woman was speaking the truth."
"You heard what the judge said. Where's your corroboration? No, they ought never to have let her go into the box. I hear she insisted. But it hasn't saved anybody yet."
"The new law? Then it shows her pluck!"
"But not necessarily her innocence, dear boy."
Thus one shaven couple. Others had already exhausted the subject.
"Yes, I finished it down at Westgate last week."
"Satisfied?"
"In a way. It depends so much on the cast."
"These actor-managers—what?"
"More or less. I must be off. Dining out."
"What! Not going to wait for the end of the fourth act?"
"No, I'm late as it is. Ta-ta!"
The white-haired man was amused. He did not turn round, nor, if he had, would he have known the retreating gentleman for the most eminent of living playwrights; but he knew the reason for his sudden retreat. A hush had fallen, and some one had whispered, "They're coming!" The light-hearted chatter had died away on the word; perhaps it was not so light-hearted after all. But the alarm was false, there was no sign of the jury, and the talk rose again, as the wind will in a storm.
"We shall want a glass when this is over," whispered one of the pair who had argued about the case.
"And we'll have it, too, old man!" rejoined his friend.
The white-haired man was grimly interested. So this was the way men talked while waiting to hear a fellow-creature sentenced to death! It was worth knowing. And this was what the newspaper men would call a low buzz—an expectant hush—this animated babble! Yet the air was charged with emotion, suppressed perhaps, but none the less distinguishable in every voice. Within earshot a perspiring young pressman was informing his friends that to come there comfortably you should commit the murder yourself, then they gave you the Royal Box; but his teeth could be heard chattering through the feeble felicity. The white-headed listener curled a contemptuous nostril. They could joke, and yet they could feel! He himself betrayed neither weakness, but sat waiting patiently and idly listening, with the same grim jaw and the same inscrutable eye with which he had watched the prisoner and the jury alternately throughout the week. And when the latter at last returned, and then the former, it was the same subtle stare that he again bent upon them both in turn.
The jury had been absent but forty minutes after all; and their expedition seemed as ill an omen as their nervous and responsible faces. There was a moment's hush, another moment of prophetic murmurs, and then a stillness worthy of its subsequent description in every newspaper. The prisoner was standing in the front of the dock, a female warder upon either hand. The lightning pencil of the new journalist had its will of her at last. For Mrs. Minchin had dispensed not only with the chair which she