She was examined upon her arrangement that the prisoner should provide for the asylum at St. Herbert's, and on her monthly payment to him of the sums entered in the account-book. In some cases she knew he had shown her the bills unreceipted; in others, he had simply made the charge in the book, and she had given to him the amount that he estimated as requisite for the materials for wood-engraving. So far she felt satisfied that she was making herself distinctly understood, but the prisoner, acting as his own counsel, now turned to her and asked the question she had expected and was prepared for, whether she could refer to any written agreement.
"No; it was a viva voce agreement."
Could she mention what passed at the time of making the arrangement that she had stated as existing between himself and her?
"I described my plans, and you consented."
An answer at which some of the audience could have smiled, so well did it accord with her habits. The prisoner again insisted on her defining the mode of his becoming bound to the agreement. Rachel took time for consideration, and Alison Williams, sitting between Lady Temple and Colonel Keith, felt dizzy with anxiety for the answer. It came at last.
"I do not remember the exact words; but you acquiesced in the appearance of your name as secretary and treasurer."
The prospectus was here brought forward, and Mauleverer asked her to define the duties he had been supposed to undertake in the character in which he had there figured. It of course came out that she had been her own treasurer, only entrusting the nominal one with the amount required for current expenses, and again, in reply to his deferential questions, she was obliged to acknowledge that he had never in so many words declared the sums entered in the book to have been actually paid, and not merely estimates for monthly expenditure to be paid to the tradesmen at the usual seasons.
"I understood that they were paid," said Rachel, with some resentment.
"Will you oblige me by mentioning on what that understanding was founded?" said the prisoner, blandly.
There was a pause. Rachel knew she must say something; but memory utterly failed to recall any definite assurance that these debts had been discharged. Time passed, all eyes were upon her, there was a dire necessity of reply, and though perfectly conscious of the weakness and folly of her utterance, she could only falter forth, "I thought so." The being the Clever Woman of the family, only rendered her the more sensible both of the utter futility of her answer, and of the effect it must be producing.
Alison hung her head, and frowned in absolute shame and despair, already perceiving how matters must go, and feeling as if the hope of her brother's vindication were slipping away--reft from her by Rachel's folly. Colin gave an indignant sigh, and whispering to her, "Come out when Lady Temple does, I will meet you," he made his way out of court.
There had been a moment's pause after Rachel's "I thought so," and then the chairman spoke to the counsel for the prosecution. "Mr. Murray, can you carry the case any further by other witnesses? At present I see no case to go to the jury. You will see that the witness not only does not set up any case of embezzlement, but rather loads to an inference in the contrary direction."
"No, sir," was the answer; "I am afraid that I can add nothing to the case already presented to you."
Upon this, the chairman said,
"Gentlemen of the Jury,--The case for the prosecution does not sustain the indictment or require me to call on the prisoner for his defence, and it is your duty to find him not guilty. You will observe that we are not trying a civil action, in respect of the large sum which he has received from the young lady, and for which he is still accountable to her; nor by acquitting him are you pronouncing that he has not shown himself a man of very questionable honesty, but only that the evidence will not bring him within the grasp of the criminal law, as guilty of embezzlement under the statute, and this because of the looseness of the arrange ments, that had been implied instead of expressed. It is exceedingly to be regretted that with the best intentions and kindest purposes, want of caution and experience on her part should have enabled the prisoner thus to secure himself from the possibility of a conviction; but there can be no doubt that the evidence before us is such as to leave no alternative but a verdict of not guilty."
The very tenderness and consideration of the grey-haired Sir Edward Morden's tone were more crushing to Rachel than severe animadversions on her folly would have been from a stranger. Here was she, the Clever Woman of the family, shown in open court to have been so egregious a dupe that the deceiver could not even be punished, but must go scot-free, leaving all her wrongs unredressed! To her excited, morbid apprehension, magnified by past self-sufficiency, it was as though all eyes were looking in triumph at that object of general scorn and aversion, a woman who had stepped out of her place. She turned with a longing to rush into darkness and retirement when she was called to return to her mother, and even had she still been present, little would she have recked that when the jury had, without many moments' delay, returned a verdict of "Not Guilty," the prisoner received a strong, stem reprimand from Sir Edward, to whom he replied with a bow that had in it more of triumph than of acceptance.
Burning tears of disappointment were upon Alison's cheek, the old hopeless blank was returning, and her brother might come back in vain, to find his enemy beyond his reach. Here was an end alike of his restoration and of Ermine's happiness!
"Oh!" whispered Lady Temple, "is it not horrid? Is nothing to be done to that dreadful man? I always thought people came here to do justice. I shall never like Sir Edward Morden again! But, oh! what can that be? Where is the Colonel?"
It was a loud, frightful roar and yell, a sound of concentrated fury that, once heard, could never be forgotten. It was from the crowd outside, many of them from Avonmouth, and all frantic with indignation at the cruelty that had been perpetrated upon the helpless children. Their groans and execrations were pursuing the prison van, from which Maria Hatherton was at that moment making her exit, and so fearful was the outcry that penetrated the court, that Fanny trembled with recollections of Indian horrors, looked wistfully for her protector the Colonel, and murmured fears that her aunt must have been very much terrified.
At that moment, however, a summons came for Lady Temple, as this was the case in which she was to bear witness. Alison followed, and was no sooner past the spectators, who gladly made way, than she found her arm drawn into Colonel Keith's. "Is he come?" she asked. "No," was rather signed than spoken. "Oh, Colin!" she sighed, but still there was no reply, only she was dragged on, downstairs and along dark passages, into a room furnished with a table, chairs, pens, ink, and paper, and lighted with gas, which revealed to her not only Mr. Grey, but one who, though eight years had made him stouter, redder, and rougher, had one of the moat familiar faces of her youthful days. Her senses almost reeled with her as he held out his hand, saying heartily, "Well, Ailie, how are you? and how is Ermine? Where can this brother of yours be?"
"Harry! Mr. Beauchamp! You here!" she exclaimed, in the extremity of amazement.
"Here is Colin seeming to think that something may be done towards nailing this scoundrel for the present, so I am come at his call. We shall have the fellow in a moment." And then, by way of getting rid of embarrassment, he began talking to Mr. Grey about the County Hall, and the room, which Mr. Grey explained to be that of the clerk of the peace, lent for this occasion while the usual justice room was occupied, Alison heard all as in a dream, and presently Mauleverer entered, as usual spruce, artist-like, and self-possessed, and was accosted by Harry Beauchamp, "Good evening, Mr. Maddox, I am sorry to trouble you."