“A fox,” Mr. Westbrook said in a loud voice. “The little foxes that spoil the vines.”
Emily came up to me afterwards, still holding Ianthe in her arms. “Daniel’s trial is set for Monday morning,” she said. “Will you come?”
“Of course.”
“Is there hope?”
“I cannot pretend to you, Emily, that I harbour any.”
“I thought not. But you will be there?” I promised once more to attend. “Mr. Shelley has written to us about Ianthe.”
“He told me so.”
“He strongly desires that we should continue to be her guardians. It is what we wish to do.”
“She could have no better care.”
“We will teach her to respect her father and to venerate the memory of her mother.” I was struck, as I had been on first meeting her, by Emily’s strength of purpose.
I WENT TO THE COURT OF JUSTICE at the Old Bailey on that Monday morning; the Sessions House, where the trial was to be held, looked to me more like a cardboard puppet theatre than a place of justice. The judge was adorned with scarlet and white, and he held a linen handkerchief up to his nose to ward off the lingering putrescence of gaol fever. The jurors sat on two rows of benches on the left-hand side of the court; they were London rate-payers, of course, with all the smugness and self-sufficiency of their type. There was a large crowd in the body of the courtroom itself, made up of shopmen and apprentices, of vagrant boys and ballad singers, of anyone who had no other pastime or occupation that afternoon. There were reporters and sketch-makers there, too, all of them causing an incessant bustle and noise. It was very like watching the activity of a London street. On the right-hand side of the court was a small wooden witness box into which, much to the excitement of the spectators, Daniel was now led. His wrists were bound with manacles, and he was wearing the same clothes that I had seen on him in the cell at Clerkenwell. The judge then called all those present to be silent, as a prayer was intoned by the clerk of the court to the Divine Judge who-it must be presumed-would watch over these proceedings. Daniel did not join in the prayer, but stood calmly looking down at his manacled hands. Then, in a round and portentous voice, one of the attorneys sitting at a table immediately beneath the judge began to read out the charges. Daniel stood almost at attention, without any perceptible movement; he was intent upon every word, as if it were a story of someone else’s crime. When the attorney had finished his account, Daniel looked around at the court with an expression of impatience.
He was asked if he wished to enter any plea, and he replied with an earnest “Not guilty!” The officers of the watch were then called to a witness box, directly opposite that in which Daniel stood. The first of them, Stephen Martin, explained the circumstances of finding “the accused” sleeping beneath a tree by the Serpentine. “That is a lake,” the judge told the jurors, “to be found in the Hyde Park.” The jurors, who must have known this very well already, received the information with great seriousness. Martin then went on to explain how the hands and cheeks of the accused were bloodied. When the accused was thereupon taken into custody, at the watch-house on the corner of Queen’s Gate, a necklace was found in the pocket of his breeches. Martin spoke rapidly, much to the dismay of the penny-a-liners, and in a high voice that caused amusement among the more vulgar spectators.
It seems that in English law the accused is able to question and to challenge witnesses, in a way that would seem unfitting on the Continent, and Daniel at once asked Martin if he, Daniel, had seemed surprised by the discovery of the necklace.
“Yes. Oh, yes,” he replied in his rapid way. “You seemed to be much taken aback. But that was because you was play-acting. Lawks.”
“You found me sleeping beneath a tree?”
“Of course I did.”
“Why should a murderer and a thief fall asleep at the scene of his own crime?”
“For why? For the reason that the person accused, being yourself, is touched.” Martin tapped his forehead, much to the delight of the spectators.
“Well, Mr. Martin, am I a lunatic or an actor? I really do not think I can be both.”
“Whatever you wish, Mr. Westbrook. I am not particular.” Martin laughed quite gaily.
The second and third members of the watch described, in identical terms, the discovery of Harriet’s body. She had been found by two children, in the shadow of a bridge that crossed over the middle point of the Serpentine. Daniel listened to the testimony of the witnesses with great attention, his manacled hands stretched out before him, and at the end he merely bowed his head. He did not wish to question them. The account of the discovery of his sister seemed to have left him momentarily without the power of speech.
But then, when asked by the judge if he wished to make any final statement, he raised his head and looked steadily at the jurors. “I do not expect justice in this place,” he said. “I have long since concluded that the judicial system of our country is a tissue of corruption.”
At which point the judge interrupted him. “You are here to defend yourself, sir. You are not here to deliver your opinion of English law.”
“But that is the point, is it not? That justice is not to be found in the well of an English court?”
“That is not the point. You have no point.” The judge was growing angry. “The point is worthless. I throw it out.”
“I defend myself then with a simple phrase. I am innocent. I had no part in my sister’s death. I abhor the notion of violence. But to direct it against a member of my own family-it is unthinkable to me. Surely you cannot accuse a brother of such a crime? A loving brother who helped to raise her from her infant days? No, no. Never can it be.” He paused, to regain control of his feelings. “I have no conception of how she met her end. I do not know how my face and hands were bloody. I do not know how her necklace was found in my pocket. I can only guess at some malign conspiracy. At some infernal evil. Yet I know this. I am not the man.” His words of evident sincerity received the murmured approval of many spectators, who were then quickly silenced by the judge. Daniel was led away, and the jurors retired to another room.
I stayed in the court, not trusting myself to be alone. I knew Daniel to be entirely blameless, and yet here he was obliged to defend his life while I sat idly watching him. I knew, too, what the verdict would be. The law is a net, a snare, which binds its victims even as they struggle to be free. After no more than an hour the jurors returned, and Daniel was again led out in manacles. His face was flushed red, and he stumbled as he mounted the stairs of the witness box. Someone shouted out, “Not guilty,” and there was scattered applause in the courtroom. Daniel shook his head, frowning slightly, and strained forward to listen to the jurors’ verdict. It came without ceremony. Guilty of unlawful killing. There was silence after that, a silence in which the darkness of his fate was absorbed.
Then with a barely perceptible expression of disquiet Daniel turned towards the judge, who made a great ceremony out of placing the black cloth upon his wig. He recited the circumstances of Daniel’s supposed murder of his sister, dwelling with evident relish on the details of the discovery of the body, before pronouncing sentence on what he called “the heinous slaughter” and the “barely conceivable evil” of the crime. I agreed with him upon that point, although I knew that the perpetrator was elsewhere. Daniel no doubt received the sentence of death with remarkable calm; I could not see him, since his back was turned to the court while he faced the judge. He carried himself erect, as he left the courtroom, and did not look in my direction.