The matter was very pressing indeed. It was considered that the trial could not be postponed till the next sitting at the Criminal Court, because certain witnesses in respect to the diamonds had been procured from Hamburg and Vienna, at a very great cost; they were actually on their way to London when Lizzie’s second letter was received. Mr. Camperdown had resolved to have the diamonds, still with a hope that they might be restored to the keeping of Messrs. Garnett, there to lie hidden and unused at any rate for the next twenty years. The diamonds had been traced first to Hamburg, and then to Vienna;—and it was to be proved that they were now adorning the bosom of a certain enormously rich Russian princess. From the grasp of the Russian princess it was found impossible to rescue them; but the witnesses who, as it was hoped, might have aided Mr. Camperdown in his efforts, were to be examined at the trial.
A confidential clerk was sent down to Portray, but the confidential clerk altogether failed in making his way into Lizzie’s presence. Word was brought to him that nothing but force could take Lady Eustace from her bedchamber; and that force used to that effect might take her out dead, but certainly not alive. He made inquiry, however, about the doctor, and found that he certainly was a doctor. If a doctor will certify that a lady is dying, what can any judge do, or any jury? There are certain statements which, though they are false as hell, must be treated as though they were true as gospel. The clerk reported, when he got back to London, that, to his belief, Lady Eustace was enjoying an excellent state of health;—but that he was perfectly certain that she would not appear as a witness at the trial.
The anger felt by many persons as to Lizzie’s fraudulent obstinacy was intense. Mr. Camperdown thought that she ought to be dragged up to London by cart ropes. The attorneys engaged for the prosecution were almost beside themselves. They did send down a doctor of their own, but Lizzie would not see the doctor—would not see the doctor though threats of most frightful consequences were conveyed to her. She would be exposed, fined thousands of pounds, committed to gaol for contempt of court, and prosecuted for perjury into the bargain. But she was firm. She wrote one scrap of a note to the doctor who came from London, “I shall not live to satisfy their rabid vengeance.” Even Frank Greystock felt almost more annoyed than gratified that she should be able thus to escape. People who had heard of the inquiry before the magistrate, had postponed their excitement and interest on the occasion, because they knew that the day of the trial would be the great day; and when they heard that they were to be robbed of the pleasure of Lady Eustace’s cross-examination, there arose almost a public feeling of wrath that justice should be thus outraged. The doctor who had given the certificate was vilified in the newspapers, and long articles were written as to the impotence of the law. But Lizzie was successful, and the trial went on without her.
It appeared that though her evidence was very desirable it was not absolutely essential, as, in consequence of her certified illness, the statement which she had made at the police-court could be brought up and used against the prisoners. All the facts of the robbery were, moreover, proved by Patience Crabstick and Billy Cann; and the transfer of the diamonds by Mr. Benjamin to the man who recut them at Hamburg was also proved. Many other morsels of collateral evidence had also been picked up by the police—so that there was no possible doubt as to any detail of the affair in Hertford Street. There was a rumour that Mr. Benjamin intended to plead guilty. He might, perhaps, have done so had it not been for the absence of Lady Eustace; but as that was thought to give him a possible chance of escape, he stood his ground.
Lizzie’s absence was a great disappointment to the sightseers of London, but nevertheless the court was crowded. It was understood that the learned serjeant who was retained on this occasion to defend Mr. Benjamin, and who was assisted by the acute gentleman who had appeared before the magistrate, would be rather severe upon Lady Eustace, even in her absence; and that he would ground his demand for an acquittal on the combined facts of her retention of the diamonds, her perjury, and of her obstinate refusal to come forward on the present occasion. As it was known that he could be very severe, many came to hear him—and they were not disappointed. The reader shall see a portion of his address to the jury—which we hope may have had some salutary effect on Lizzie, as she read it in her retreat at Portray, looking out upon her own blue waves.
“And now, gentlemen of the jury, let me recapitulate to you the history of this lady as far as it relates to the diamonds as to which my client is now in jeopardy. You have heard on the testimony of Mr. Camperdown that they were not hers at all—that, at any rate, they were not supposed to be hers by those in whose hands was left the administration of her husband’s estate, and that when they were first supposed to have been
