Questions of this nature were prolonged for near half an hour, during which Sir Gregory made more than one attempt to defend his witness from the weapons of their joint enemies; but Lord Fawn at last admitted that he had acknowledged the resemblance, and did, in some faint ambiguous fashion, acknowledge it in his present evidence.
“My lord,” said Mr. Chaffanbrass as he allowed Lord Fawn to go down, “you have no doubt taken a note of Mr. Scruby’s height.” Whereupon the judge nodded his head.
LXIII
Mr. Chaffanbrass for the Defence
The case for the prosecution was completed on the Saturday evening, Mrs. Bunce having been examined as the last witness on that side. She was only called upon to say that her lodger had been in the habit of letting himself in and out of her house at all hours with a latchkey;—but she insisted on saying more, and told the judge and the jury and the barristers that if they thought that Mr. Finn had murdered anybody they didn’t know anything about the world in general. Whereupon Mr. Chaffanbrass said that he would like to ask her a question or two, and with consummate flattery extracted from her her opinion of her lodger. She had known him for years, and thought that, of all the gentlemen that ever were born, he was the least likely to do such a bloody-minded action. Mr. Chaffanbrass was, perhaps, right in thinking that her evidence might be as serviceable as that of the lords and countesses.
During the Sunday the trial was, as a matter of course, the talk of the town. Poor Lord Fawn shut himself up, and was seen by no one;—but his conduct and evidence were discussed everywhere. At the clubs it was thought that he had escaped as well as could be expected; but he himself felt that he had been disgraced forever. There was a very common opinion that Mr. Chaffanbrass had admitted too much when he had declared that the man whom Lord Fawn had seen was doubtless the murderer. To the minds of men generally it seemed to be less evident that the man so seen should have done the deed, than that Phineas Finn should have been that man. Was it probable that there should be two men going about in grey coats, in exactly the same vicinity, and at exactly the same hour of the night? And then the evidence which Lord Fawn had given before the magistrates was to the world at large at any rate as convincing as that given in the Court. The jury would, of course, be instructed to regard only the latter; whereas the general public would naturally be guided by the two combined. At the club it was certainly believed that the case was going against the prisoner.
“You have read it all, of course,” said the Duchess of Omnium to her husband, as she sat with the Observer in her hand on that Sunday morning. The Sunday papers were full of the report, and were enjoying a very extended circulation.
“I wish you would not think so much about it,” said the Duke.
“That’s very easily said, but how is one to help thinking about it? Of course I am thinking about it. You know all about the coat. It belonged to the man where Mealyus was lodging.”
“I will not talk about the coat, Glencora. If Mr. Finn did commit the murder it is right that he should be convicted.”
“But if he didn’t?”
“It would be doubly right that he should be acquitted. But the jury will have means of arriving at a conclusion without prejudice, which you and I cannot have; and therefore we should be prepared to take their verdict as correct.”
“If they find him guilty, their verdict will be damnable and false,” said the Duchess. Whereupon the Duke turned away in anger, and resolved that he would say nothing more about the trial—which resolution, however, he was compelled to break before the trial was over.
“What do you think about it, Mr. Erle?” asked the other Duke.
“I don’t know what to think;—I only hope.”
“That he may be acquitted?”
“Of course.”
“Whether guilty or innocent?”
“Well;—yes. But if he is acquitted I shall believe him to have been innocent. Your Grace thinks—?”
“I am as unwilling to think as you are, Mr. Erle.” It was thus that people spoke of it. With the exception of some very few, all those who had known Phineas were anxious for an acquittal, though they could not bring themselves to believe that an innocent man had been put in peril of his life.
On the Monday morning the trial was recommenced, and the whole day was taken up by the address which Mr. Chaffanbrass made to the jury. He began by telling them the history of the coat which lay before them, promising to prove by evidence all the details which he stated. It was not his intention, he said, to accuse anyone of the murder. It was his business to defend the prisoner, not to accuse others. But, as he should prove to them, two persons had been arrested as soon as the murder had been discovered—two persons totally unknown to each other, and who were never for a moment supposed to have acted together—and the suspicion of the police had in the first instance pointed, not to his client, but to the other man. That other man had also quarrelled with Mr. Bonteen, and that other man was now in custody on a charge of bigamy chiefly through the instrumentality of Mr. Bonteen, who had been the friend of the victim of the supposed bigamist. With the accusation of bigamy they would have nothing to do, but he must ask them to take cognisance of that quarrel as well as of the quarrel at the club. He then named that formerly popular preacher, the Rev. Mr. Emilius, and explained that he would prove
