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Chapter 42 The Trial

Spacious courts were the assize courts of Lynneborough; and it was well they were so, otherwise more people had been disappointed, and numbers were, of hearing the noted trial of Sir Francis Levison for the murder of George Hallijohn.

The circumstances attending the case caused it to bear for the public an unparalleled interest. The rank of the accused, and his antecedents, more especially that particular local antecedent touching the Lady Isabel Carlyle; the verdict still out against Richard Hare; the length of time which had elapsed since; the part played in it by Afy; the intense curiosity as to the part taken in it by Otway Bethel; the speculation as to what had been the exact details, and the doubt of a conviction—all contributed to fan the curiosity of the public. People came from far and near to be present—friends of Mr. Carlyle, friends of the Hares, friends of the Challoner family, friends of the prisoner, besides the general public. Colonel Bethel and Mr. Justice Hare had conspicuous seats.

At a few minutes past nine the judge took his place on the bench, but not before a rumor had gone through the court—a rumor that seemed to shake it to its centre, and which people stretched out their necks to hear—Otway Bethel had turned Queen’s evidence, and was to be admitted as a witness for the crown.

Thin, haggard, pale, looked Francis Levison as he was placed in the dock. His incarceration had not in any way contributed to his personal advantages, and there was an ever-recurring expression of dread upon his countenance not pleasant to look upon. He was dressed in black, old Mrs. Levison having died, and his diamond ring shone conspicuous still on his white hand, now whiter than ever. The most eminent counsel were engaged on both sides.

The testimony of the witnesses already given need not be recapitulated. The identification of the prisoner with the man Thorn was fully established—Ebenezer James proved that. Afy proved it, and also that he, Thorn, was at the cottage that night. Sir Peter Levison’s groom was likewise reexamined. But still there wanted other testimony. Afy was made to reassert that Thorn had to go to the cottage for his hat after leaving her, but that proved nothing, and the conversation, or quarrel overheard by Mr. Dill was now again, put forward. If this was all the evidence, people opined that the case for the prosecution would break down.

“Call Richard Hare” said the counsel for the prosecution.

Those present who knew Mr. Justice Hare, looked up at him, wondering why he did not stir in answer to his name—wondering at the pallid hue which overspread his face. Not he, but another came forward—a fair, placid, gentlemanly young man, with blue eyes, fair hair, and a pleasant countenance. It was Richard Hare the younger. He had assumed his original position in life, so far as attire went, and in that, at least, was a gentleman again. In speech also—with his working dress Richard had thrown off his working manners.

A strange hubbub arose in court. Richard Hare, the exile—the reported dead—the man whose life was in jeopardy! The spectators rose with one accord to get a better view; they stood on tiptoe; they pushed forth their necks; they strained their eyesight: and, amidst all the noisy hum, the groan bursting from the lips of Justice Hare was unnoticed. Whilst order was being called for, and the judge threatened to clear the court, two officers moved themselves quietly up and stood behind the witness. Richard Hare was in custody, though he might know it not. The witness was sworn.

“What is your name?”

“Richard Hare.”

“Son of Mr. Justice Hare, I believe, of the Grove, West Lynne?”

“His only son.”

“The same against whom a verdict of wilful murder is out?” interposed the judge.

“The same, my lord,” replied Richard Hare, who appeared, strange as it may seem, to have cast away all his old fearfulness.

“Then, witness, let me warn you that you are not obliged to answer any question that may tend to criminate yourself.”

“My lord,” answered Richard Hare, with some emotion, “I wish to answer any and every question put to me. I have but one hope, that the full truth of all pertaining to that fatal evening may be made manifest this day.”

“Look round at the prisoner,” said the examining counsel. “Do you know him?”

“I know him now as Sir Francis Levison. Up to April last I believed his name to be Thorn.”

“State what occurred on the evening of the murder, as far as your knowledge goes.”

“I had an appointment that evening with Afy Hallijohn, and went down to their cottage to keep it—”

“A moment,” interrupted the counsel. “Was your visit that evening made in secret?”

“Partially so. My father and mother were displeased, naturally, at my intimacy with Afy Hallijohn; therefore I did not care that they should be cognizant of my visits there. I am ashamed to confess that I told my father a lie over it that very evening. He saw me leave the dinner-table to go out with my gun, and inquired where I was off to. I answered that I was going out with young Beauchamp.”

“When, in point of fact, you were not?”

“No. I took my gun, for I had promised to lend it to Hallijohn while his own was being repaired. When I reached the cottage Afy refused to admit me; she was busy, and could not, she said. I felt sure she had got Thorn with her. She had, more than once before, refused to admit me when I had gone there by her own appointment, and I always found that Thorn’s presence in the cottage was the obstacle.”

“I suppose you and Thorn were jealous of each other?”

“I was jealous of him; I freely admit it. I don’t know whether he was of me.”

“May I inquire what was the nature of your friendship for Miss Afy Hallijohn?”

“I loved her with an honorable love, as I might have done by any young lady in my own station of life. I would not have married her in opposition to my father and mother; but I told Afy that if she was content to wait for me until I was my own master I would then make her my wife.”

“You had no views toward her of a different nature?”

“None; I cared for her too much for that; and I respected her father. Afy’s mother had been a lady, too, although she had married Hallijohn, who was but clerk to Mr. Carlyle. No; I never had a thought of wrong toward Afy—I never could have had.”

“Now relate the occurrences of the evening?”

“Afy would not admit me, and we had a few words over it; but at length I went away, first giving her the gun, and telling her it was loaded. She lodged it against the wall, just inside the door, and I went into the wood and waited, determined to see whether or not Thorn was with her, for she had denied that he was. Locksley saw me there, and asked why I was hiding. I did not answer; but I went further off, quite out of view of the cottage. Some time afterward, less than half an hour, I heard a shot in the direction of the cottage. Somebody was having a late pop at the partridge, I thought. Just then I saw Otway Bethel emerge from the trees, not far from me, and run toward the cottage. My lord,” added Richard Hare, looking at the judge, “that was the shot that killed Hallijohn!”

“Could the shot,” asked the counsel, “have been fired by Otway Bethel?”

“It could not. It was much further off. Bethel disappeared, and in another minute there came some one flying down the path leading from the cottage. It was Thorn, and evidently in a state of intense terror. His face was livid, his eyes staring, and he panted and shook like one in the ague. Past me he tore, on down the path, and I afterwards heard the sound of his horse galloping away; it had been tied in the wood.”

“Did you follow him?”

“No. I wondered what had happened to put him in that state; but I made haste to the cottage, intending to reproach Afy with her duplicity. I leaped up the two steps, and fell over the prostrate body of Hallijohn. He was lying dead within the door. My gun, just discharged, was flung on the floor, its contents in Hallijohn’s side.”

You might have heard a pin drop in court, so intense was the interest.

“There appeared to be no one in the cottage, upstairs or down. I called to Afy, but she did not answer. I caught up the gun, and was running from the cottage when Locksley came out of the wood and looked at me. I grew confused, fearful, and I threw the gun back again and made off.”

“What were your motives for acting in that way?”

“A panic had come over me, and in that moment I must have lost the use of my reason, otherwise I never should have acted as I did. Thoughts, especially of fear, pass through our minds with astonishing swiftness, and I feared lest the crime should be fastened upon me. It was fear made me snatch up my gun, lest it should be found near the body; it was fear made me throw it back again when Locksley appeared in view—a fear you understand, from which all judgment, all reason, had departed. But for my own conduct, the charge never would have been laid to me.”

“Go on.”

“In my flight I came upon Bethel. I knew that if he had gone toward the cottage after the shot was fired, he must have encountered Thorn flying from it. He denied that he had; he said he had only gone along the path for a few paces, and had then plunged into the wood again. I believed him and departed.”

“Departed from West Lynne?”

“That night I did. It was a foolish, fatal step, the result of cowardice. I found the charge was laid to me, and I thought I would absent myself for a day or two, to see how things turned out. Next came the inquest and the verdict against me, and I then left for good.”

“This is the truth, so far as you are cognizant of it?”

“I swear that it is truth, and the whole truth, so far as I am cognizant of it,” replied Richard Hare, with emotion. “I could not assert it more solemnly were I before God.”

He was subjected to a rigid cross-examination, but his testimony was not shaken in the least. Perhaps not one present but was impressed with its truth.

Afy Hallijohn was recalled, and questioned as to Richard’s presence at her father’s house that night. It tallied with the account given by Richard; but it had to be drawn from her.

“Why did you decline to receive Richard Hare into the cottage, after appointing him to come?”

“Because I chose,” returned Afy.

“Tell the jury why you chose.”

“Well, I had got a friend with me—it was Captain Thorn,” she added, feeling that she should only be questioned on this point, so might as well acknowledge it. “I did not admit Richard Hare, for I fancied they might get up a quarrel if they were together.”

“For what purpose did Richard Hare bring down his gun—do you know?”

“It was to lend to my father. My father’s gun had something the matter with it, and was at the smith’s. I had heard him, the previous day, ask Mr. Richard to lend him one of his, and Mr. Richard said he would bring one, as he did.”

“You lodged the gun against the wall—safely?”

“Quite safely.”

“Was it touched by you, after placing it there, or by the prisoner?”

“I did not touch it; neither did he, that I saw. It was that same gun which was afterward found near my father, and had been discharged.”

The next witness called was Otway Bethel. He also held share in the curiosity of the public, but not in equal degree with Afy, still less with Richard Hare. The substance of his testimony was as follows:—

“On the evening that Hallijohn was killed, I was in the Abbey Wood, and I saw Richard Hare come down the path with a gun, as if he had come down from his own home.”

“Did Richard Hare see you?”

“No; he could not see me; I was right in the thicket. He went to the cottage door, and was about to enter, when Afy Hallijohn came hastily out of it, pulling the door to behind her, and holding it in her hand, as if afraid he would go in. Some colloquy ensued, but I was too far off to hear it; and then she took the gun from him and went indoors. Some............

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