When the two ladies appeared in court together without Lucius Mason there was much question among the crowd as to the cause of his absence. Both Dockwrath and Joseph Mason looked at it in the right light, and accepted it as a ground for renewed hope. “He dare not face the verdict,” said Dockwrath. And yet when they had left the court on the preceding evening, after listening to Mr. Furnival’s speech, their hopes had not been very high. Dockwrath had not admitted with words that he feared defeat, but when Mason had gnashed his teeth as he walked up and down his room at Alston, and striking the table with his clenched fist had declared his fears, “By heavens they will escape me again!” Dockwrath had not been able to give him substantial comfort. “The jury are not such fools as to take all that for gospel,” he had said. But he had not said it with that tone of assured conviction which he had always used till Mr. Furnival’s speech had been made. There could have been no greater attestation to the power displayed by Mr. Furnival than Mr. Mason’s countenance as he left the court on that evening. “I suppose it will cost me hundreds of pounds,” he said to Dockwrath that evening. “Orley Farm will pay for it all,” Dockwrath had answered; but his answer had shown no confidence. And, if we think well of it, Joseph Mason was deserving of pity. He wanted only what was his own; and that Orley Farm ought to be his own he had no smallest doubt. Mr. Furnival had not in the least shaken him; but he had made him feel that others would be shaken. “If it could only be left to the judge,” thought Mr. Mason to himself. And then he began to consider whether this British palladium of an unanimous jury had not in it more of evil than of good.
Young Peregrine Orme again met his mother at the door of the court, and at her instance gave his arm to Lady Mason. Mr. Aram was also there; but Mr. Aram had great tact, and did not offer his arm to Mrs. Orme, contenting himself with making a way for her and walking beside her. “I am glad that her son has not come today,” he said, not bringing his head suspiciously close to hers, but still speaking so that none but she might hear him. “He has done all the good that he could do, and as there is only the judge’s charge to hear, the jury will not notice his absence. Of course we hope for the best, Mrs. Orme, but it is doubtful.”
As Felix Graham took his place next to Chaffanbrass, the old lawyer scowled at him, turning his red old savage eyes first on him and then from him, growling the while, so that the whole court might notice it. The legal portion of the court did notice it and were much amused. “Good morning, Mr. Chaffanbrass,” said Graham quite aloud as he took his seat; and then Chaffanbrass growled again. Considering the lights with which he had been lightened, there was a species of honesty about Mr. Chaffanbrass which certainly deserved praise. He was always true to the man whose money he had taken, and gave to his customer, with all the power at his command, that assistance which he had professed to sell. But we may give the same praise to the hired bravo who goes through with truth and courage the task which he has undertaken. I knew an assassin in Ireland who professed that during twelve years of practice in Tipperary he had never failed when he had once engaged himself. For truth and honesty to their customers—which are great virtues—I would bracket that man and Mr. Chaffanbrass together.
And then the judge commenced his charge, and as he went on with it he repeated all the evidence that was in any way of moment, pulling the details to pieces, and dividing that which bore upon the subject from that which did not. This he did with infinite talent and with a perspicuity beyond all praise. But to my thinking it was remarkable that he seemed to regard the witnesses as a dissecting surgeon may be supposed to regard the subjects on which he operates for the advancement of science. With exquisite care he displayed what each had said and how the special saying of one bore on that special saying of another. But he never spoke of them as though they had been live men and women who were themselves as much entitled to justice at his hands as either the prosecutor in this matter or she who was being prosecuted; who, indeed, if anything, were better entitled unless he could show that they were false and suborned; for unless they were suborned or false they were there doing a painful duty to the public, for which they were to receive no pay and from which they were to obtain no benefit. Of whom else in that court could so much be said? The judge there had his ermine and his canopy, his large salary and his seat of honour. And the lawyers had their wigs, and their own loud voices, and their places of precedence. The attorneys had their seats and their big tables, and the somewhat familiar respect of the tipstaves. The jury, though not much to be envied, were addressed with respect and flattery, had their honourable seats, and were invariably at least called gentlemen. But why should there be no seat of honour for the witnesses? To stand in a box, to be bawled after by the police, to be scowled at and scolded by the judge, to be browbeaten and accused falsely by the barristers, and then to be condemned as perjurers by the jury—that is the fate of the one person who during the whole trial is perhaps
