LXXII
Mr. Furnival’s Speech
All this as may be supposed disturbed Felix Graham not a little. He perceived that each of those two witnesses had made a great effort to speak the truth;—an honest, painful effort to speak the truth, and in no way to go beyond it. His gall had risen within him while he had listened to Mr. Furnival, and witnessed his success in destroying the presence of mind of that weak wretch who was endeavouring to do his best in the cause of justice. And again, when Mr. Chaffanbrass had seized hold of that poor dram, and used all his wit in deducing from it a self-condemnation from the woman before him;—when the practised barrister had striven to show that she was an habitual drunkard, dishonest, unchaste, evil in all her habits, Graham had felt almost tempted to get up and take her part. No doubt he had evinced this, for Chaffanbrass had understood what was going on in his colleague’s mind, and had looked round at him from time to time with an air of scorn that had been almost unendurable.
And then it had become the duty of the prosecutors to prove the circumstances of the former trial. This was of course essentially necessary, seeing that the offence for which Lady Mason was now on her defence was perjury alleged to have been committed at that trial. And when this had been done at considerable length by Sir Richard Leatherham—not without many interruptions from Mr. Furnival and much assistance from Mr. Steelyard—it fell upon Felix Graham to show by cross-examination of Crook the attorney, what had been the nature and effect of Lady Mason’s testimony. As he arose to do this, Mr. Chaffanbrass whispered into his ear, “If you feel yourself unequal to it I’ll take it up. I won’t have her thrown over for any etiquette—nor yet for any squeamishness.” To this Graham vouchsafed no answer. He would not even reply by a look, but he got up and did his work. At this point his conscience did not interfere with him, for the questions which he asked referred to facts which had really occurred. Lady Mason’s testimony at that trial had been believed by everybody. The gentleman who had cross-examined her on the part of Joseph Mason, and who was now dead, had failed to shake her evidence. The judge who tried the case had declared to the jury that it was impossible to disbelieve her evidence. That judge was still living, a poor old bedridden man, and in the course of this latter trial his statement was given in evidence. There could be no doubt that at the time Lady Mason’s testimony was taken as worthy of all credit. She had sworn that she had seen the three witnesses sign the codicil, and no one had then thrown discredit on her. The upshot of all was this, that the prosecuting side proved satisfactorily that such and such things had been sworn by Lady Mason; and Felix Graham on the side of the defence proved that, when she had so sworn, her word had been considered worthy of credence by the judge and by the jury, and had hardly been doubted even by the counsel opposed to her. All this really had been so, and Felix Graham used his utmost ingenuity in making clear to the court how high and unassailed had been the position which his client then held.
All this occupied the court till nearly four o’clock, and then as the case was over on the part of the prosecution, the question arose whether or no Mr. Furnival should address the jury on that evening, or wait till the following day. “If your lordship will sit till seven o’clock,” said Mr. Furnival, “I think I can undertake to finish what remarks I shall have to make by that time.” “I should not mind sitting till nine for the pleasure of hearing Mr. Furnival,” said the judge, who was very anxious to escape from Alston on the day but one following. And thus it was decided that Mr. Furnival should commence his speech.
I have said that in spite of some previous hesitation his old fire had returned to him when he began his work in court on behalf of his client. If this had been so when that work consisted in the cross-examination of a witness, it was much more so with him now when he had to exhibit his own powers of forensic eloquence. When a man knows that he can speak with ease and energy, and that he will be listened to with attentive ears, it is all but impossible that he should fail to be enthusiastic, even though his cause be a bad one. It was so with him now. All his old fire came back upon him, and before he had done he had almost brought himself again to believe Lady Mason to be that victim of persecution as which he did not hesitate to represent her to the jury.
“Gentlemen of the jury,” he said, “I never rose to plead a client’s cause with more confidence than I now feel in pleading that of my friend Lady Mason. Twenty years ago I was engaged in defending her rights in this matter, and I then succeeded. I little thought at that time that I should be called on after so long an
