Then there was a scene in Court, and it appeared that no less than four messages had been received from Prague, all to the same effect. One had been addressed by Madame Goesler to her friend the Duchess—and that message had caused the Duke’s appearance on the scene. He had brought his telegram direct to the Old Bailey, and the Chief Justice now held it in his hand. The lawyer’s clerk who had accompanied Madame Goesler had telegraphed to the Governor of the gaol, to Mr. Wickerby, and to the Attorney-General. Sir Gregory, rising with the telegram in his hand, stated that he had received the same information. “I do not see,” said he, “that it at all alters the evidence as against the prisoner.”
“Let your evidence go to the jury, then,” said Mr. Chaffanbrass, “with such observations as his lordship may choose to make on the telegram. I shall be contented. You have already got your other man in prison on a charge of bigamy.”
“I could not take notice of the message in charging the jury, Mr. Chaffanbrass,” said the judge. “It has come, as far as we know, from the energy of a warm friend—from that hearty friendship with which it seemed yesterday that this gentleman, the prisoner at the bar, has inspired so many men and women of high character. But it proves nothing. It is an assertion. And where should we all be, Mr. Chaffanbrass, if it should appear hereafter that the assertion is fictitious—prepared purposely to aid the escape of a criminal?”
“I defy you to ignore it, my lord.”
“I can only suggest, Mr. Chaffanbrass,” continued the judge, “that you should obtain the consent of the gentlemen on the other side to a postponement of my charge.”
Then spoke out the foreman of the jury. Was it proposed that they should be locked up till somebody should come from Prague, and that then the trial should be recommenced? The system, said the foreman, under which Middlesex juries were chosen for service in the City was known to be most horribly cruel;—but cruelty to jurymen such as this had never even been heard of. Then a most irregular word was spoken. One of the jurymen declared that he was quite willing to believe the telegram. “Everyone believes it,” said Mr. Chaffanbrass. Then the Chief Justice scolded the juryman, and Sir Gregory Grogram scolded Mr. Chaffanbrass. It seemed as though all the rules of the Court were to be set at defiance. “Will my learned friend say that he doesn’t believe it?” asked Mr. Chaffanbrass. “I neither believe nor disbelieve it; but it cannot affect the evidence,” said Sir Gregory. “Then send the case to the jury,” said Mr. Chaffanbrass. It seemed that everybody was talking, and Mr. Wickerby, the attorney, tried to explain it all to the prisoner over the bar of the dock, not in the lowest possible voice. The Chief Justice became angry, and the guardian of the silence of the Court bestirred himself energetically. “My lud,” said Mr. Chaffanbrass, “I maintain that it is proper that the prisoner should be informed of the purport of these telegrams. Mercy demands it, and justice as well.” Phineas Finn, however, did not understand, as he had known nothing about the latchkey of the house in Northumberland Street.
Something, however, must be done. The Chief Justice was of opinion that, although the preparation of a latchkey in Prague could not really affect the evidence against the prisoner—although the facts against the prisoner would not be altered, let the manufacture of that special key be ever so clearly proved—nevertheless the jury were entitled to have before them the facts now tendered in evidence before they could be called upon to give a verdict, and that therefore they should submit themselves, in the service of their country, to the very serious additional inconvenience which they would be called upon to endure. Sundry of the jury altogether disagreed with this, and became loud in their anger. They had already been locked up for a week. “And we are quite prepared to give a verdict,” said one. The judge again scolded him very severely; and as the Attorney-General did at last assent, and as the unfortunate jurymen had no power in the matter, so it was at last arranged. The trial should be postponed till time should be given for Madame Goesler and the blacksmith to reach London from Prague.
If the matter was interesting to the public before, it became doubly interesting now. It was of course known to everybody that Madame Goesler had undertaken a journey to Bohemia—and, as many supposed, a roving tour through all the wilder parts of unknown Europe, Poland, Hungary, and the Principalities for instance—with the object of looking for evidence to save the life of Phineas Finn; and grandly romantic tales were told of her wit, her wealth, and her beauty. The story was published of the Duke of Omnium’s will, only not exactly the true story. The late Duke had left her everything at his disposal, and, it was hinted that they had been privately
