Paul Clifford — Volume 07

The judge, who had been from the first attracted by the air and aspect of the prisoner, had perhaps, notwithstanding the hardness of his mind, more approvingly than any one present listened to the defence; for in the scorn of the hollow institutions and the mock honesty of social life, so defyingly manifested by the prisoner, Brandon recognized elements of mind remarkably congenial to his own; and this sympathy was heightened by the hardihood of physical nerve and moral intrepidity displayed by the prisoner,—qualities which among men of a similar mould often form the strongest motive of esteem, and sometimes (as we read of in the Imperial Corsican and his chiefs) the only point of attraction! Brandon was, however, soon recalled to his cold self by a murmur of vague applause circling throughout the common crowd, among whom the general impulse always manifests itself first, and to whom the opinions of the prisoner, though but imperfectly understood, came more immediately home than they did to the better and richer classes of the audience. Ever alive to the decorums of form, Brandon instantly ordered silence in the court; and when it was again restored, and it was fully understood that the prisoner's defence had closed, the judge proceeded to sum up.

It is worthy of remark that many of the qualities of mind which seem most unamiable in private life often conduce with a singular felicity to the ends of public; and thus the stony firmness characteristic of Brandon was a main cause which made him admirable as a judge,—for men in office err no less from their feelings than their interests.

Glancing over his notes, the judge inclined himself to the jury, and began with that silver ringing voice which particularly distinguished Brandon's eloquence, and carried with it in high stations so majestic and candid a tone of persuasion. He pointed out, with a clear brevity, the various points of the evidence; he dwelt for a moment on the attempt to cast disrepute upon the testimony of MacGrawler, but called a proper attention to the fact that the attempt had been unsupported by witnesses or proof. As he proceeded, the impression made by the prisoner on the minds of the jury slowly melted away; and perhaps, so much do men soften when they behold clearly the face of a fellow-man dependent on them for life, it acted disadvantageously on the interests of Clifford, that during the summing up he leaned back in the dock, and prevented his countenance from being seen. When the evidence had been gone through, the judge concluded thus:—

"The prisoner, who in his defence (on the principles and opinions of which I now forbear to comment) certainly exhibited the signs of a superior education, and a high though perverted ability, has alluded to the reports circulated by the public Press, and leaned some little stress on the various anecdotes tending to his advantage, which he supposes have reached your ears. I am by no means willing that the prisoner should be deprived of whatever benefit may be derivable from such a source; but it is not in this place, nor at this moment, that it can avail him. All you have to consider is the evidence before you. All on which you have to decide is, whether the prisoner be or be not guilty of the robbery of which he is charged. You must not waste a thought on what redeems or heightens a supposed crime,—you must only decide on the crime itself. Put away from your minds, I beseech you, all that interferes with the main case. Put away also from your motives of decision all forethought of other possible indictments to which the prisoner has alluded, but with which you are necessarily unacquainted. If you doubt the evidence, whether of one witness or of all, the prisoner must receive from you the benefit of that doubt. If not, you are sworn to a solemn oath, which ordains you to forego all minor considerations,—which compels you to watch narrowly that you be not influenced by the infirmities natural to us all, but criminal in you, to lean towards the side of a mercy that would be rendered by your oath a perjury to God, and by your duty as impartial citizens a treason to your country. I dismiss you to the grave consideration of the important case you have heard; and I trust that He to whom all hearts are open and all secrets are known, will grant you the temper and the judgment to form a right decision!"

There was in the majestic aspect and thrilling voice of Brandon something which made the commonest form of words solemn and impressive; and the hypocrite, aware of this felicity of manner, generally, as now, added weight to his concluding words by a religious allusion or a Scriptural phraseology. He ceased; and the jury, recovering the effect of his adjuration, consulted for a moment among themselves. The foreman then, addressing the court on behalf of his fellow-jurors, requested leave to retire for deliberation. An attendant bailiff being sworn in, we read in the journals of the day, which noted the divisions of time with that customary scrupulosity rendered terrible by the reflection how soon all time and seasons may perish for the hero of the scene, that "it was at twenty-five minutes to two that the jury withdrew."

Perhaps in the whole course of a criminal trial there is no period more awful than that occupied by the deliberation of the jury. In the present case the prisoner, as if acutely sensible of his situation, remained in the rear of the dock, and buried his face in his hands. They who stood near him observed, however, that his breast did not seem to swell with the convulsive emotion customary to persons in his state, and that not even a sigh or agitated movement escaped him. The jury had been absent about twenty minutes, when a confused noise was heard in the court. The face of the judge turned in commanding severity towards the quarter whence it proceeded. He perceived a man of a coarse garb and mean appearance endeavouring rudely and violently to push his way through the crowd towards the bench, and at the same instant he saw one of the officers of the court approaching the disturber of its tranquillity with no friendly intent. The man, aware of the purpose of the constable, exclaimed with great vehemence, "I vill give this to my lord the judge, blow me if I von't!" and as he spoke he raised high above his head a soiled scrap of paper folded awkwardly in the shape of a letter. The instant Brandon's eye caught the rugged features of the intrusive stranger, he motioned with rather less than his usual slowness of gesture to one of his official satellites. "Bring me that paper instantly!" he whispered.

The officer bowed and obeyed. The man, who seemed a little intoxicated, gave it with a look of ludicrous triumph and self-importance.

"Stand avay, man!" he added to the constable, who now laid hand on his collar. "You'll see vot the judge says to that 'ere bit of paper; and so vill the prisoner, poor fellow!"

This scene, so unworthy the dignity of the court, attracted the notice and (immediately around the intruder) the merriment of the crowd; and many an eye was directed towards Brandon, as with calm gravity he opened the note and glanced over the contents. In a large school-boy hand-it was the hand of Long Ned—were written these few words:

MY LORD JUDGE,—I make bold to beg you will do all you can for the prisoner at the barre, as he is no other than the "Paul" I spoke to your Worship about. You know what I mean.

DUMMIE DUNNAKER.

As he read this note, the judge's head was observed to droop suddenly, as if by a sickness or a spasm; but he recovered himself instantly, and whispering the officer who brought him the note, said, "See that that madman be immediately removed from the court, and lock him up alone. He is so deranged as to be dangerous!"

The officer lost not a moment in seeing the order executed. Three stout constables dragged the astounded Dummie from the court in an instant, yet the more ruthlessly for his ejaculating,—

"Eh, sirs, what's this? I tells you I have saved the judge's hown flesh and blood! Vy, now, gently, there; you'll smart for this, my fine fellow! Never you mind, Paul, my 'arty; I 'se done you a pure good—"

"Silence!" proclaimed the voice of the judge; and that voice came forth with so commanding a tone of power that it awed Dummie, despite his intoxication. In a moment more, and ere he had time to recover, he was without the court. During this strange hubbub, which nevertheless scarcely lasted above two or three minutes, the prisoner had not once lifted his head, nor appeared aroused in any manner from his revery; and scarcely had the intruder been withdrawn before the jury returned.

The verdict was, as all had foreseen, "Guilty;" but it was coupled with a strong recommendation to mercy.

The prisoner was then asked, in the usual form, whether he had to say anything why sentence of death should not be passed against him.

As these dread words struck upon his ear, slowly the prisoner rose. He directed first towards the jury a brief and keen glance, and his eyes then rested full, and with a stern significance, on the face of his judge.

"My lord," he began, "I have but one reason to advance against the sentence of the law. If you have interest to prevent or mitigate it, that reason will, I think, suffice to enlist you on my behalf. I said that the first cause of those offences against the law which brings me to this bar was the committing me to prison on a charge of which I was wholly innocent! My lord judge, you were the man who accused me of that charge, and subjected me to that imprisonment! Look at me well, my lord, and you may trace in the countenance of the hardened felon you are about to adjudge to death the features of a boy whom, some seven years ago, you accused before a London magistrate of the theft of your watch. On the oath of a man who has one step on the threshold of death, the accusation was unjust. And, fit minister of the laws you represent! you, who will now pass my doom,—You were the cause of my crimes! My lord, I have done. I am ready to add another to the long and dark list of victims who are first polluted and then sacrificed by the blindness and the injustice of human codes!"

While Clifford spoke, every eye turned from him to the judge, and every one was appalled by the ghastly and fearful change which had fallen over Brandon's face. Men said, afterwards, that they saw written there, in terrible distinctness, the characters of death; and there certainly seemed something awful and preternatural in the bloodless and haggard calmness of his proud features. Yet his eye did not quail, nor the muscles of his lip quiver; and with even more than his wonted loftiness, he met the regard of the prisoner. But, as alone conspicuous throughout the motionless and breathless crowd the judge and criminal gazed upon each other, and as the eyes of the spectators wandered on each, a thrilling and electric impression of a powerful likeness between the doomed and the doomer, for the first time in the trial, struck upon the audience, and increased, though they scarcely knew why, the sensation of pain and dread which the prisoner's last words excited. Perhaps it might have chiefly arisen from a common expression of fierce emotion conquered by an iron and stern character of mind; or perhaps, now that the ashy paleness of exhaustion had succeeded the excited flush on the prisoner's face, the similarity of complexion thus obtained made the likeness more obvious than before; or perhaps the spectators had not hitherto fixed so searching, or, if we may so speak, so alternating a gaze upon the two. However that be, the resemblance between the men, placed as they were in such widely different circumstances,—that resemblance which, as we have hinted, had at certain moments occurred startlingly to Lucy,—was plain and unavoidably striking: the same the dark hue of their complexions; the same the haughty and Roman outline of their faces; the same the height of the forehead; the same even a displeasing and sarcastic rigidity of mouth, which made the most conspicuous feature in Brandon, and which was the only point that deteriorated from the singular beauty of Clifford. But, above all, the same inflexible, defying, stubborn spirit, though in Brandon it assumed the stately cast of majesty, and in Clifford it seemed the desperate sternness of the bravo, stamped itself in both. Though Clifford ceased, he did not resume his seat, but stood in the same attitude as that in which he had reversed the order of things, and merged the petitioner in the accuser; and Brandon himself, without speaking or moving, continued still to survey him; so, with erect fronts and marble countenances, in which what was defying and resolute did not altogether quell the mortal leaven of pain and dread, they looked as might have looked the two men in the Eastern story who had the power of gazing each other unto death.

What at that moment was raging in Brandon's heart, it is in vain to guess. He doubted not for a moment that he beheld before him his long lost, his anxiously demanded son! Every fibre, every corner of his complex and gloomy soul, that certainly reached, and blasted with a hideous and irresistible glare. The earliest, perhaps the strongest, though often the least acknowledged principle of his mind was the desire to rebuild the fallen honours of his house; its last scion he now beheld before him, covered with the darkest ignominies of the law! He had coveted worldly honours; he beheld their legitimate successor in a convicted felon! He had garnered the few affections he had spared from the objects of pride and ambition, in his son. That son he was about to adjudge to the gibbet and the hangman! Of late he had increased the hopes of regaining his lost treasure, even to an exultant certainty. Lo! the hopes were accomplished! How? With these thoughts warring, in what manner we dare not even by an epithet express, within him, we may cast one hasty glance on the horror of aggravation they endured, when he heard the prisoner accuse Him as the cause of his present doom, and felt himself at once the murderer and the judge of his son!

Minutes had elapsed since the voice of the prisoner ceased; and Brandon now drew forth the black cap. As he placed it slowly over his brows, the increasing and corpse-like whiteness of his face became more glaringly visible, by the contrast which this dread head-gear presented. Twice as he essayed to speak his voice failed him, and an indistinct murmur came forth from his hueless lips, and died away like a fitful and feeble wind. But with the third effort the resolution and long self-tyranny of the man conquered, and his voice went clear and unfaltering through the crowd, although the severe sweetness of its wonted tones was gone, and it sounded strange and hollow on the ears that drank it.

"Prisoner at the bar! it has become my duty to announce to you the close of your mortal career. You have been accused of a daring robbery, and after an impartial trial a jury of your countrymen and the laws of your country have decided against you. The recommendation to mercy" (here, only throughout his speech, Brandon gasped convulsively for breath) "so humanely added by the jury, shall be forwarded to the supreme power; but I cannot flatter you with much hope of its success." (The lawyers looked with some surprise at each other; they had expected a far more unqualified mandate, to abjure all hope from the jury's recommendation.) "Prisoner, for the opinions you have expressed, you are now only answerable to your God; I forbear to arraign them. For the charge you have made against me, whether true or false, and for the anguish it has given me, may you find pardon at another tribunal! It remains for me only—under a reserve too slight, as I have said, to afford you a fair promise of hope—only to—to" (all eyes were on Brandon; he felt it, exerted himself for a last effort, and proceeded)—"to pronounce on you the sharp sentence of the law! It is, that you be taken back to the prison whence you came, and thence (when the supreme authority shall appoint) to the place of execution, to be there hanged by the neck till you are dead; and the Lord God Almighty have mercy on your soul!"

With this address concluded that eventful trial; and while the crowd, in rushing and noisy tumult, bore towards the door, Brandon, concealing to the last with a Spartan bravery the anguish which was gnawing at his entrails, retired from the awful pageant. For the next half-hour he was locked up with the strange intruder on the proceedings of the court. At the end of that time the stranger was dismissed; and in about double the same period Brandon's servant re-admitted him, accompanied by another man, with a slouched hat and in a carman's frock. The reader need not be told that the new comer was the friendly Ned, whose testimony was indeed a valuable corroborative to Dummie's, and whose regard for Clifford, aided by an appetite for rewards, had induced him to venture to the town of ——-, although he tarried concealed in a safe suburb, until reassured by a written promise from Brandon of safety to his person, and a sum for which we might almost doubt whether he would not have consented (so long had he been mistaking means for an end) to be hanged himself. Brandon listened to the details of these confederates; and when they had finished, he addressed them thus: "I have heard you, and am convinced you are liars and impostors. There is the money I promised you" (throwing down a pocket-book),—"take it; and, hark you, if ever you dare whisper, ay, but a breath of the atrocious lie you have now forged, be sure I will have you dragged from the recess or nook of infamy in which you may hide your heads, and hanged for the crimes you have already committed. I am not the man to break my word. Begone! quit this town instantly! If in two hours hence you are found here, your blood be on your own heads! Begone, I say!"

These words, aided by a countenance well adapted at all times to expressions of a menacing and ruthless character, at once astounded and appalled the accomplices. They left the room in hasty confusion; and Brandon, now alone, walked with uneven steps (the alarming weakness and vacillation of which he did not himself feel) to and fro the apartment. The hell of his breast was stamped upon his features, but he uttered only one thought aloud,—

"I may,—yes, yes,—I may yet conceal this disgrace to my name!"

His servant tapped at the door to say that the carriage was ready, and that Lord Mauleverer had bid him remind his master that they dined punctually at the hour appointed.

"I am coming!" said Brandon, with a slow and startling emphasis on each word. But he first sat down and wrote a letter to the official quarter, strongly aiding the recommendation of the Jury; and we may conceive how pride clung to him to the last, when he urged the substitution for death of transportation for life! As soon as he had sealed this letter, he summoned an express, gave his orders coolly and distinctly, and attempted with his usual stateliness of step to walk through a long passage which led to the outer door. He found himself fail. "Come hither," he said to his servant, "give me your arm!"

All Brandon's domestics, save the one left with Lucy, stood in awe of him; and it was with some hesitation that his servant ventured to inquire if his master felt well.

Brandon looked at him, but made no reply. He entered his carriage with slight difficulty, and telling the coachman to drive as fast as possible, pulled down (a general custom with him) all the blinds of the windows.

Meanwhile Lord Mauleverer, with six friends, was impatiently awaiting the arrival of the seventh guest.

"Our August friend tarries!" quoth the Bishop of ———-, with his hands folded across his capacious stomach. "I fear the turbot your lordship spoke of may not be the better for the length of the trial."

"Poor fellow!" said the Earl of ————, slightly yawning.

"Whom do you mean?" asked Lord Mauleverer, with a smile,—"the bishop, the judge, or the turbot?"

"Not one of the three, Mauleverer,—I spoke of the prisoner."

"Ah, the fine dog! I forgot him," said Mauleverer. "Really, now you mention him, I must confess that he inspires me with great compassion; but, indeed, it is very wrong in him to keep the judge so long!"

"Those hardened wretches have such a great deal to say," mumbled the bishop, sourly.

"True!" said Mauleverer; "a religious rogue would have had some bowels for the state of the church esurient."

"Is it really true, Mauleverer," asked the Earl of ———, "that Brandon is to succeed?"

"So I hear," said Mauleverer. "Heavens, how hungry I am!"

A groan from the bishop echoed the complaint.

"I suppose it would be against all decorum to sit down to dinner without him?" said Lord ————.

"Why, really, I fear so," returned Mauleverer. "But our health—our health is at stake; we will only wait five minutes more. By Jove, there's the carriage! I beg your pardon for my heathen oath, my lord bishop."

"I forgive you!" said the good bishop, smiling.

The party thus engaged in colloquy were stationed at a window opening on the gravel road, along which the judge's carriage was now seen rapidly approaching; this window was but a few yards from the porch, and had been partially opened for the better reconnoitring the approach of the expected guest.

"He keeps the blinds down still! Absence of mind, or shame at unpunctuality,—which is the cause, Mauleverer?" said one of the party.

"Not shame, I fear!" answered Mauleverer. "Even the indecent immorality of delaying our dinner could scarcely bring a blush to the parchment skin of my learned friend."

Here the carriage stopped at the porch; the carriage door was opened.

"There seems a strange delay," said Mauleverer, peevishly. "Why does not he get out?"

As he spoke, a murmur among the attendants, who appeared somewhat strangely to crowd around the carriage, smote the ears of the party.

"What do they say,—what?" said Mauleverer, putting his hand to his ear.

The bishop answered hastily; and Mauleverer, as he heard the reply, forgot for once his susceptibility to cold, and hurried out to the carriage door. His guests followed.

They found Brandon leaning against the farther corner of the carriage,—a corpse. One hand held the check-string, as if he had endeavoured involuntarily but ineffectually to pull it. The right side of his face was partially distorted, as by convulsion or paralysis; but not sufficiently so to destroy that remarkable expression of loftiness and severity which had characterized the features in life. At the same time the distortion which had drawn up on one side the muscles of the mouth had deepened into a startling broadness the half sneer of derision that usually lurked around the lower part of his face. Thus unwitnessed and abrupt had been the disunion of the clay and spirit of a man who, if he passed through life a bold, scheming, stubborn, unwavering hypocrite, was not without something high even amidst his baseness, his selfishness, and his vices; who seemed less to have loved sin than by some strange perversion of reason to have disdained virtue, and who, by a solemn and awful suddenness of fate (for who shall venture to indicate the judgment of the arch and unseen Providence, even when it appears to mortal eye the least obscured?), won the dreams, the objects, the triumphs of hope, to be blasted by them at the moment of acquisition!