'Mary Barton' by Elizabeth Gaskell

XXXII. The Trial and Verdict-"Not Guilty"

'Thou stand'st here arraign'd,
That, with presumption impious and accursed,
Thou hast usurp'd God's high prerogative,
Making thy fellow mortal's life and death
Wait on thy moody and diseased passions;
That with a violent and untimely steel
Hast set abroach the blood that should have ebbed
In calm and natural current: to sum all
In one wild name—a name the pale air freezes at,
And every cheek of man sinks in with horror—
Thou art a cold and midnight murderer.'

MILMAN'S 'FAZIO'

Of all the restless people who found that night's hours agonising from excess of anxiety, the poor father of the murdered man was perhaps the most restless. He had slept but little since the blow had fallen; his waking hours had been too full of agitated thought, which seemed to haunt and pursue him through his unquiet slumbers.

And this night of all others was the most sleepless. He turned over and over again in his mind the wonder if every thing had been done that could be done, to insure the conviction of Jem Wilson. He almost regretted the haste with which he had urged forward the proceedings, and yet until he had obtained vengeance, he felt as if there was no peace on earth for him (I don't know that he exactly used the term vengeance in his thoughts; he spoke of justice, and probably thought of his desired end as such); no peace either bodily or mental, for he moved up and down his bedroom with the restless incessant tramp of a wild beast in a cage, and if he compelled his aching limbs to cease for an instant, the twitchings which ensued almost amounted to convulsions, and he re-commenced his walk as the lesser evil, and the more bearable fatigue.

With daylight increased power of action came; and he drove off to arouse his attorney, and worry him with further directions and inquiries; and when that was ended, he sat, watch in hand, until the courts should be opened, and the trial begin.

What were all the living,—wife or daughters,—what were they in comparison with the dead,—the murdered son who lay unburied still, in compliance with his father's earnest wish, and almost vowed purpose of having the slayer of his child sentenced to death, before he committed the body to the rest of the grave?

At nine o'clock they all met at their awful place of rendezvous.

The judge, the jury, the avenger of blood, the prisoner, the witnesses—all were gathered together within one building. And besides these were many others, personally interested in some part of the proceedings, in which, however, they took no part; Job Legh, Ben Sturgis, and several others were there, amongst whom was Charley Jones.

Job Legh had carefully avoided any questioning from Mrs. Wilson that morning. Indeed he had not been much in her company, for he had risen up early to go out once more to make inquiry for Mary; and when he could hear nothing of her, he had desperately resolved not to undeceive Mrs. Wilson, as sorrow never came too late; and if the blow were inevitable, it would be better to leave her in ignorance of the impending evil as long as possible. She took her place in the witness-room, worn and dispirited, but not anxious.

As Job struggled through the crowd into the body of the court, Mr. Bridgenorth's clerk beckoned to him.

"Here's a letter for you from our client!"

Job sickened as he took it. He did not know why, but he dreaded a confession of guilt, which would be an overthrow of all hope.

The letter ran as follows.

Dear Friend,—I thank you heartily for your goodness in finding me a lawyer, but lawyers can do no good to me, whatever they may do to other people. But I am not the less obliged to you, dear friend. I foresee things will go against me—and no wonder. If I was a jury-man, I should say the man was guilty as had as much evidence brought against him as may be brought against me to-morrow. So it's no blame to them if they do. But, Job Legh, I think I need not tell you I am as guiltless in this matter as the babe unborn, although it is not in my power to prove it. If I did not believe that you thought me innocent, I could not write as I do now to tell you my wishes. You'll not forget they are the wishes of a man shortly to die. Dear friend, you must take care of my mother. Not in the money way, for she will have enough for her and Aunt Alice; but you must let her talk to you of me; and show her that (whatever others may do) you think I died innocent. I don't reckon she will stay long behind when we are all gone. Be tender with her, Job, for my sake; and if she is a bit fractious at times, remember what she has gone through. I know mother will never doubt me, God bless her.