G. A. Henty – The Complete Collection

Chapter 42

Chapter 5

: Not Guilty!

The schoolmaster was the first witness called for the defence. After stating that, although no evening was actually settled for his coming over, he expected the prisoner one evening that week; and that he had promised to bring his tools over, to do a little job of carpentering; he also detailed his visit to the lane, and the result of his observation there; and then gave Reuben the highest character, saying that he had known him for five years, and that he had an absolute confidence in his integrity and honesty.

"He has from the first," he said, "proved a most intelligent and hard-working boy, anxious to improve himself and to get on in the world. He has learnt all that I could teach him, and more. He is one of the last persons in the world whom I should consider capable of the crime with which he is charged. As to his having any animosity to Mr. Ellison, I can swear that, on many different occasions, he has expressed his high opinion of him; and has declared that it was quite natural that, with the evidence before him, he should have thought him guilty of poisoning the dog."

The keeper of the wayside public house, where he had breakfasted, proved that he was struck with the prisoner's appearance when he entered; that he was very pale, and seemed scarcely able to walk. He had asked him the nearest way to Lewes, and had inquired whether there was any chance of getting a lift; as he was anxious to get back, as soon as possible.

Mr. Penfold was the next witness. He said that the prisoner had been apprenticed to him, four years previously; that his general conduct had been most excellent, and that he was remarkably quick and intelligent, and was an excellent workman. During the time that he had been employed, he had never lost a day.

"At the time he was apprenticed to you, Mr. Penfold," Reuben's counsel asked, "were you aware that the lad had been summarily discharged by Mr. Ellison?"

"I was aware of that fact," Mr. Penfold answered; and Reuben, with surprise, looked at his employer.

"From whom did you hear of it?"

"I heard of it from Mr. Ellison himself, who called upon me about the matter."

"How was it he came to call upon you, Mr. Penfold?"

"The prisoner's mother had applied to me about apprenticing her son. I had asked 50 pounds premium, and said that it wasn't my custom to pay any wages for the first year. She said she could only afford pounds, and I thought that was an end of the matter until, a few days later, Mr. Ellison called upon me, and said that he had heard from the schoolmaster in his village, who was a friend of the boy's mother, how matters stood; and that her application had fallen through, owing to her being unable to find more than 20 pounds.

"I said that this was so. Mr. Ellison then said that he was prepared to make up the deficiency, that he had a regard for the boy's father; and that, moreover, he himself had, through a hasty misconception regarding the poisoning of the dog, discharged the lad from his service; and that he felt uneasy, in his mind, at having been guilty of a piece of injustice. Over and above the 30 pounds, he gave me six pound ten; in order that I might pay the boy half a crown a week, for the first year, which he said would be a matter of consequence to his mother. He requested me on no account to let Mrs. Whitney know that he had intervened in the matter, but to represent that I changed my mind, and was willing to take the 20 pounds she offered as a premium. He was particularly anxious on this point; because, he said, she would certainly refuse to accept assistance from him, owing to that unfortunate affair about the dog.

"I may say that, from that time to this, I have not mentioned the fact to anyone; and the sum of 20 pounds was inserted in the indenture of apprenticeship."

There was a little movement of applause in the court, as Mr. Penfold gave his evidence; and Reuben looked gratefully towards Mr. Ellison, and said heartily:

"I thank you, sir, with all my heart."

The foreman of the yard was next examined. He confirmed the high character Mr. Penfold had given Reuben, and adding that he knew the lad never entered a public house, but spent his evenings almost entirely at home studying; for that he himself had, many times, called in and had, upon every occasion, found him so employed.

The counsel for the prosecution then addressed the jury, and threw discredit upon Reuben's narrative; which, he said, was unsupported in any material particular. That he met the rest of the party in the lane was likely enough. He may have returned there with them after the burglary, and probably it was there that, in a quarrel over the spoil, he received the blow of which you have heard.

"My learned friend has told you to dismiss from your mind the question about that poisoning of the dog, four years ago; but it is impossible for you to do so. You have heard that the dog was poisoned, and that the evidence was so strong that his employer at once dismissed him. It is true that Mr. Ellison has told you that he afterwards changed his mind on the subject; but after the evidence which Mr. Penfold has given, of the kindness of that gentleman's heart, you will readily understand that no great stress can be laid upon this. The matter, so far from being trivial, as my friend represents it, is highly important; inasmuch as here we find that, again, the dogs have been poisoned just as on the first occasion. It is clear that burglars from London would be ignorant of the whereabouts of the kennels, and were not likely to have come down provided with a*****e of poisoned meat; had they not known, from persons well acquainted with the place, of the steps that would have to be taken before an entry could be effected into the house. You will therefore see the extreme importance of this point.

"I am perfectly ready to admit that the evidence is of a wholly circumstantial nature but, from the nature of the case, it is necessary that this should be so. Had Mrs. or Mr. Ellison awoke, when the thieves entered their room, it is probable that much more evidence would be forthcoming. It is, however, for you to weigh the probabilities of the case. You have to consider whether the theory which I have laid before you, as to the connection of the prisoner with this affair, or this wild story which he tells you, is the most probable."

The judge then summed up, with a strong bias against Reuben. He told them that evidence for character was, of course, of importance; but that it must not be relied upon too far. The prisoner appeared undoubtedly to be intelligent and well-conducted, but unfortunately his experience told him that many criminals were men of unusual intelligence. Stress had been laid, by the counsel for the defence, upon the fact that the prisoner was not known, at any time, to have consorted with suspicious characters; but this, after all, was only negative evidence. Affairs of this sort were always conducted with secrecy and, had one of these men come down from London, as was probable enough, to make inquiries as to houses which could be broken into with a prospect of good booty, he would naturally not make himself conspicuous.

They had heard the two stories, and must judge for themselves; but he agreed, with the counsel for the prosecution, that the fact that the prisoner had been discharged by Mr. Ellison for poisoning a dog, and that on the night of the robbery other dogs were found poisoned, and that probably by some one acquainted with the locality, could not but have an influence upon their minds. At the same time he would tell them that, if they had a doubt in their minds, it was their duty to give the prisoner the benefit of that doubt.

The jury consulted together for a minute or two in the jury box, and then expressed their desire to retire. A buzz of talk arose in the court, when they had left. Opinion was divided as to what the verdict would be. When the counsel for the defence sat down, the general opinion was that the prisoner would be certainly acquitted; but the speech of the counsel for the prosecution, and the summing up of the judge, had caused a reaction, and few doubted now that the verdict would be guilty.

So Reuben himself thought. It was he felt hard that, standing there to be tried for burglary, the decision should, in fact, depend upon that unjust charge which had, four years ago, been brought against him. Reuben was in the habit of what he called arguing things out by himself; and as he stood there, waiting for the verdict, he tried to put himself in the position of the jury; and he felt that, in that case, he should have difficulty in coming to a decision.

It was not until after the lamps had been lighted that the jury returned into the box. The crier shouted for order, and there was not a sound heard, as the foreman told the judge that they were not agreed upon their verdict.

"Then you must go back, gentlemen, until you are," the judge said.

"We are eleven one way, and one the other. Won't that do, my lord?"

"No, sir," the judge replied. "You must be unanimous."

The jury again retired, the judge and counsel went off to dine at the hotel, and almost all the public trooped out. Two hours later, as the jury did not return, Reuben Whitney was taken back to the jail, and the court closed. At nine o'clock in the morning, a warder entered.

"The jury have come back into the court," he said. "They are going to return a verdict."

Reuben was again placed in the dock. The seats open to the public quickly filled, as the news spread through the town. Several of the members of the bar dropped in, and then the judge came in and took his seat.

Reuben had occupied the time in trying to judge, from the faces of the jury, what their verdict was going to be. They looked sulky and tired. But as Reuben's eye rested on Jacob Priestley, whom he had at once recognized among the jury, the smith gave him an encouraging wink. At least, so Reuben thought; but as the next moment he was looking as surly as the rest, he thought that he must have been mistaken.

"Are you agreed, gentlemen, as to the verdict you find in this case?" the judge asked.

"We are, my lord," the foreman replied.

"Do you find the prisoner guilty or not guilty?"

"Not guilty, my lord."

"Very well, gentlemen," the judge said tartly. "It is your verdict, not mine."

At the foreman's word a thrill had run through the court; for when it was known, the evening before, that eleven were one way and one the other, the belief had been general that the majority were for a conviction. Reuben himself had so understood it, and the verdict was a complete surprise to him.

[Illustration: Reuben Whitney Acquitted of the Charge of Burglary]

The constable raised the bar for him to leave the dock, and as he moved out his friend the schoolmaster pushed forward, and shook him warmly by the hand.

"Thank God for that verdict, Reuben. I am indeed rejoiced, and I own I hardly expected it."