THE TRIAL

The great duke lay in state in St. Giles, and the Highlands emptied themselves into Edinburgh demanding justice. The lady-mother of the dead was there, broken-hearted, and Percival Montrose, to whom the title fell; and I had a fine taste of the fealty of Gaelic-folk, for kinsfolk and clansfolk took the duke's undoing as a personal affront, and put their own matters by to get some one hanged for it.

The streets, especially those around the courts, were thronged with the late duke's following; unkempt, hot-eyed, bare-legged gillies were grouped at every corner, glowering under their tartan bonnets; I found a huddle of them squatted behind some alders on the Burnside, and came upon another set by the carriage-way, who glared at me as I passed them as if I had had some part in the undoing of their clansman.

During this time Nancy lay ill, for which, strange as it seems, I praised God, for the sickness saved her from the horrors of the coroner's inquest, McMurtrie coming to my aid in the matter by declaring it worth her life to be dragged into the affair. There was nothing more definite elicited from this tribunal, constituted largely of men under heavy obligations either to Sandy or myself, than "Death at the hands of a person or persons unknown," but the relief which came with the verdict was of short duration.

How rumor is bred none can tell, but on the day following the coroner's findings there was a waif-word wandering about that Danvers Carmichael knew more than he had told of the duke's taking off; and whether bred by servants' gossip or the talk of the fool chemist-doctor who had taken the medicine to Pitcairn on the night of the murder and encountered Danvers hatless in the snow, I can not say; but by the evening there rose a strong demand for his arrest, and two officers appeared at Arran and took the lad into custody.

Nancy, who had not left her room from that dreadful night, but who had recovered herself enough to sit up a little at a time, received the news in silence, asking if it were possible for me to get the exact testimony given before the coroner for her to see; and going through it, sitting in the bed, with flushed face and feverish eyes.

"It's not so bad," she said, as she put it aside; "not so bad. Will ye ride out and ask Mr. Pitcairn to come to me?" she asked.

"Pitcairn? Ye'll not be wanting Pitcairn," I answered. "It's Magendie we are having up from London for the defense."

"I — want — to — see — Mr. — Pitcairn," she said slowly.

"I don't understand at all," I answered. "When you refuse to see Sandy, who, in his own great distress, has never forgot you for a moment, I don't see why you should be sending for Pitcairn."

"I want to see neither Sandy nor any of the Arran people," she answered.

"And you've no word of comfort for Danvers?" I asked.

"None," she returned. "I have not one word of comfort or anything else to send to Danvers Carmichael, and I'd like to have it generally known."

Although I saw him not, I knew that Pitcairn came to Stair that afternoon; but, before God, by no message carried by me; and the following morning I visited him in his offices, finding him at a desk in the inner room looking frozenly out under his dome-like forehead in a way to suggest that his natural greeting would be: "What are you prepared to swear to?"

"Hugh," said I, "ye've doubtless heard of the trouble young Mr. Carmichael is in —— " here I waited.

He nodded, as one might who had but a certain number of words given him at birth and was fearful that the supply might run out.

"It has occurred to me," I went on, "that your old friendship for me and my old friendship for Sandy being common knowledge, ye might show a fine courtesy by standing aside in the case and letting Mr. Inge take it altogether. Such a thing can be done, I know, for when the Lord-President himself had Ferrars to try, who was a known man to him, he asked to be relieved from presiding."

"I attended to the duke's affairs when he was living. I shall attend to them now that he is dead," he replied stolidly. "There is an ethical side to the matter as well, for I believe him to have been killed by the young —— " he caught himself at this, with a correction. "I have my beliefs in the case," he amended. "But ye can rest by this, if a man is innocent of a crime in this country he can prove it. It is a prosecution, not a persecution, that will be conducted by the government."

And here a lighter vein seemed to take him, for he added:

"And so, Jock Stair, you would come to me to use an old friendship to buy the laddie off! Ye're a nice citizen; a fine, public-spirited body!"

"Hugh Pitcairn," I answered, "if you were in trouble, and it needed the last shilling I had in the world to help ye, you'd find me beside ye, with it held out in my hand; and it seems a little thing I am asking of you, and not for myself either —— "

"Your daughter's a better man than you," he broke in on me. "It was a fine thing she did — a fine, public-spirited thing!"

"Ye've trained her well in the lawing," I said, leading him on a bit, for Nancy had held the silence of the dead concerning the murder since the day of his visit, and I had no knowledge of what he meant.

"Mark you," he said, and there was almost a glow upon his face, "the first day that she was able to sit up after her illness Nancy Stair sent for me. 'Mr. Pitcairn,' said she, 'a most unwelcome task has come to me, and I am needing your advice.' And on this she went over the talk, part of which I had overheard, between herself and the young Carmichael, with neither heat nor fallacy of emphasis, as accurately as I might have done myself," he ended, as though higher praise were inconceivable.

"There's a girl for ye!" he cried. "I've set but little store by her verse-making; or her charity work, which is sentiment; but by the lawing the very female quality of her mind has been changed, for she is able to put a duty to her country before her own feelings. Ye might take a lesson from your daughter in that, Jock Stair!" he finished.

I rode back to Stair on a gallop and went straight to Nancy's room.

"What is this ye've done?" I cried. "What is this thing that ye've done against the man who has loved ye ever since his eyes lighted upon you, and whom your own indecision has helped to the place he now stands?"

There was a look of reproach in her eyes as she sat looking up at me, but her words were quiet enough.

"What do you mean?" she asked.

"I've been having a talk with Pitcairn —— " I began.

"For Heaven's sake!" she cried, springing to her feet. "It was the thing I wanted least. What did you tell him? Oh, what did ye tell him?" she asked excitedly.

"I told him nothing," I answered.

"You think you didn't, dearest," she answered; "but it's not in your nature to keep a secret. 'Tis because you're a fine gentleman, with never a thought in your life that needs hiding; but it's bad in law! Stay away from Hugh Pitcairn, dearest. Stay away from him!"

"Nancy," said I, and my flattered vanity softened my tone, "I don't understand your conduct at all; for, as far as I can see, you seem to have done all ye could to get Danvers Carmichael hanged —— "

"Seemed, Jock," she said, "only seemed! Ye might trust me a bit more —— "

"And you're called for the prosecution —— "

"Naturally," she returned, unmoved.

And here I just stared at her for a minute, and turned with a bit of temper showing in my conduct and left the room.

The same evening I was further blindfolded by a visit from Mr. Magendie, the London lawyer, who by Nancy's thought (although I did not recognize her suggestion in the matter at the time, so deftly was it made) had been brought up to Edinburgh for Danvers's defense. I found this renowned gentleman of a slight, wiry build, below the medium height, with a distinguished head, covered with thick silver hair, hawk eyes, and a nose which turned downward like a beak. There was a Sabbath calm in his manner; his voice was gentle and suave, and his most pertinent statements came as mere suggestions. He had, I noticed, the very rare quality of fixing his whole attention on the one to whom he listened, and of putting his own personality somewhere aside as he held up the speaker to the strong light of a mind trained for inspection. I found after the interview that I had told him almost everything that I had said, done, or imagined since my birth, and at remembrance of it, recalled Nancy's inquiries concerning my talk with Hugh, and prayed Heaven I had not been equally indiscreet before that block of steel.

It was as the London man was leaving the house that the blindfolding of me was begun anew by Huey MacGrath entering with a note, saying that Nancy would like to have Mr. Magendie come to her sitting-room on the second floor. I paced up and down the lower hall, perplexed in mind and sick with dread of the horror hanging over us, yet with something in my heart which told me that, in spite of Hugh's statements, Nancy Stair was with us — with Sandy, and Danvers, and myself.

Near one o'clock of the morning I heard Nancy's voice, at the turn of the stair, saying good night to the London man.

"People think he's ice," she cried, and I knew it was Pitcairn of whom she spoke; "but try a bit of flattery with him. Not on his looks, for he cares less for them than for the wind that blows, but on his abilities. Tell him that all knowledge of the Scots law will end at his death, and that you're flattered to be on the same case with him; tell him that Moses but anticipated him in the Ten Commandments, and that, before the time of Leviticus, he was. He will rest calm under it. He will show naught; but in his soul he will agree with you, and think that a man who has such penetration concerning himself must have a judgment worth consideration about others."

I heard Magendie laugh aloud, and when I joined him saw that his eyes had brightened during the interview, as though he had been drinking, and that he carried himself with some excitement.

"It will be a great case, my lord! a great case!" he said, with enthusiasm. "And it's a fine daughter ye have! A great woman! God!" he cried, seizing my hand, "if she'd go on the case with me, I'd undertake the defense of Judas! — and I'd get a verdict, too!" he added, with a laugh, as he went out into the night.

On the morning set for the trial, to add to our distressed state of mind, a tempest arose. There was rain driven into the town from the hills, and rain driven into the town from the sea, and banks of leaden clouds were blown back and forth over the trees, which were bent double by the Bedlamite wind. The grounds of Stair lay like a pond, the road ran like a river, and the broken bits of trees hurled everywhere made going abroad a dangerous business. As I entered the breakfast-room Huey threw a look at my attire.

"You'll not be thinking of going out?" he demanded, rather than asked.

"I'm thinking of nothing else," said I.

"Ye'll get killt," he cried, and at the words my eyes lighted with some amazement upon his own odd costume, for he was prepared to serve my breakfast in corduroys and thigh-boots.

"Why are you dressed like that?" I inquired.

"You wouldn't be wanting me to stay at home when there's trouble to Mr. Danvers, would you?" he demanded fiercely. "I, who have known him since he was a week old, and have had favors from him thousands of times! And now," he went on as though I had done him some personal injury, "when there's sorrow by him, ye'd have me keeping the chimney-lug, wi' a glass and a story-book, mayhap, and him needing friends as he sits wi' that deevil Pitcairn glowerin' at him. Nay! Nay!" he continued, "Huey MacGrath's not like that! I'll be there!" he cried, his conceit and loyalty carrying a singular comfort to me. "I'll be there, early and late, and they'll see they have me to contend wi'!"

"Ye can't stay in the court. You'll be sequestered until after you've testified. Ye know the law for that, Huey."

"They'll sequester me none"; he returned, grimly; "and if Dunsappie the macer tries it I'll have him read out of the church, for I know of him that which makes me able to do it!"

"There's Mr. Pitcairn, who knows ye well," said I.

"I'm not counting to see him," he returned with a squinting of his eye. "I'll stay where he is nae looking; but I'll get a glyff of the laddie himsel', and he'll know I'm there, and will feel better for it, though I'm only an old serving man!"

"I'm sure he will, Huey," I said, touched to the heart; "I'm sure he will; and I'll tell him of your coming if he misses a sight of you," I added, as I saw the poor fellow's face working with sorrow and anxiety; but his spirit and loyalty undaunted by all the courts of judiciary that ever sat.

We were preparing to be off together when Nancy came down to us, pale and heavy-eyed.

"Jock," said she, "if Mr. Magendie had the word he hoped for from Father Michel, it would be wise for him to have as many Romanists in the jury as he can get. They have reason to know the priest's goodness." And then: "Jock, darling!" she cried, throwing her arms around my neck and weeping as though her heart would break, "there's a trial coming between us; and ye'll see me misjudged by the world, and by Sandy as well, who has been like an own father to me! And by him! — him, too! You'll all be ashamed of me; but when I'm called, mayhap to-morrow or the next day," and the little hands fastened themselves around my bare throat, "don't distrust me. Beloved, don't distrust me! Don't believe I'm bad, or wanting in loyalty to the dear ones of my life. Don't believe it, though ye hear me say it myself. I can abide all that's come to me, but to have something between us!" and she buried her face in my bosom, moaning like a hurt child.

"Nancy," said I, for the sight of any suffering of hers made me like a crazy man, "you've held yourself aloof from me, and have given out by your conduct that your sympathies are all for the prosecution; but in spite of it, if an angel from Heaven were to call you guilty of disloyalty to a friend I'd give him the lie, though I were damned for it!" I cried.

"Mine Jock," she said, "mine Jock!" and, comforted by the very violence of my language, she stood quietly by the window watching Huey as he waded through the river of water underneath which the road toward Edinburgh lay.

Sandy had remained in town over night to be with his boy at the earliest possible moment, and we sought him at the coffee-house where he had slept. He had his friends with him, but there were none to whom he paid attention save to me, holding my hand in his, and breathing deep in a kind of relief as I stood by him.

I asked him how Danvers bore himself, and he answered, with a courage and fortitude beyond belief, and that Magendie gave him comforting assurances. Of Nancy no word was spoken between us, for the hurt he had received from her conduct put an edge upon his suffering keener than he could bring himself to name, and there came upon me, at the sight of this pain, the impulse to tell him my own suspicions in the matter, but caution for the cause held me back.

Fierce as the morning was, the court-room was packed when we entered. I had asked and received permission to sit beside Sandy until such time as the empaneling should begin; and as we took our seats in that dread place I had a taste of the terror of the law which daunts my spirit to this day. It's one thing to read of murders by one's fireside, speculating over the evidence like a tale, and another to sit face to face with the charges and the life of one most dear dependent on the issue. And such was the awe inspired by the dreadful surroundings that when Carew, the Lord-President, in the wig and scarlet robes of criminal jurisdiction, preceded by the macers, took the bench, my body shook as though in mortal illness, from fear of the august power he represented, and this despite the fact that I'd drunken deeper than was wise with him many times in my early days and knew him to be sodden in his affection for Nancy from the time she had taken the case out of his hands for Jeanie Henderlin. When Danvers, who was by far the most composed of any of us, was brought in, I arose, laying my hand on his shoulder as we talked, determined that the whole town should know where my beliefs and sympathies lay.

There was little difficulty in getting the fifteen jurymen, and, as I was taken away to be sequestered, a thing happened which I tell for the love I have of human nature. There was a commotion at the door of the court-room, and I heard the macer's tones threatening some one, and then a clear voice crying:

"If you don't let me in I'll break every bone in your body," and Billy Deuceace, hard-ridden and disheveled, elbowed his way to the railing itself and held out both hands to Danvers.

"Couldn't get here any sooner, old man," he cried. "Have ridden all night! Just came up to say it's all damned nonsense, you know!" he finished, and I felt that a happier beginning could scarce have occurred for us.

I was not in the court-room when the case opened, and by this reason am forced for information to the papers recording the case, which forms one of the causes c é l è bres of Scottish legal history. Even at this distance of time, at sight of these old files I feel again the helplessness and miserable sinking of heart which I felt the first time I read the indictment of Pitcairn against the boy whom I loved, no matter what he had done; and I write it again, no matter what he had done.

"The trial of Danvers Carmichael for the murder of John Stewart Aglionby Montrose, Duke of Borthwicke, Ardvilarchan, and Drumblaine in the Muirs, Lord of, etc., before the Lord-President Carew, beginning Tuesday, March tenth, 1788.

Counsel for the Crown	For the Prisoner
Mr. Pitcairn	Mr. Magendie
Mr. Inge	Mr. Elliott
Solicitor	Solicitor
Mr. Caldicott	Mr. Witmer

taken in shorthand by John Gurney of London.

"After addressing the bench, the case was opened for the prosecution by Mr. Pitcairn, as follows:

I set this extremely dry document down exactly as it is recorded in the files for two reasons: first, that it contains all of the charges against Danvers, and to show how black the case stood against him when I say that all Pitcairn said he would prove he proved to the last letter.

After my own testimony was taken, the nature of which is already known, I was granted the privilege of sitting beside Sandy and his boy, the three of us being joined daily by Billy Deuceace, whom I love to the minute of this writing for his devotion to my lad.

Nancy's appearance in court was naturally looked upon as the most exciting point of the trial, and the morning she was to be called the crowd was dense to suffocation, the court-officers busy, dashing to and fro, trying to keep some orderliness among the women, who jostled each other and gave vent to loud exclamations of annoyance in their efforts to get places from which the best view might be obtained. It is curious to note the way some trivial vexation will linger in the mind, for in recalling this scene it is the annoyance I had from Mrs. MacLeod, mine landlady of the Star and Garter, that stands out clearest in my memory of that dreadful waiting time.

She sat well to the front, giving herself important airs, and I could hear her going back and forth in whispers over the story of Nancy's visiting the duke at her house to obtain the pardon of Timothy Lapraik. Wagging her head to and fro, applying her smelling-salts vigorously, and assuming the manner of an intimate sufferer in the cause, she exasperated us to such an extent that Billy Deuceace was for throwing her out of a window.

When Nancy entered every eye in that immense throng was fixed upon her, and as she stood, so fair to see, in her black hat and gown, waiting to take the oath, Mrs. MacLeod's feelings overcame her entirely, and she cried out, in a loud voice: "Ah, the beauty! 'Tis her that should hae been a duchess!" immediately falling into strong hysterics, upon which the macers summarily ejected her, to our great satisfaction, and Billy Deuceace all but cheered.

Danvers's bearing changed at the mere sound of Nancy's name, and the look of adoration that he cast upon her as she came near him was as unwise a piece of conduct as could well be imagined, and one which would have gone far toward convincing an onlooker of his willingness to die or to murder for her protection, if necessary. The look had no weight with the one for whom it was intended, however, for she let her eyes pass over rather than encounter his, turning from him, with what might easily seem a bit of disdain, to the business in hand.

As I gazed at her I noted with astonishment that the little creature's face seemed to have taken on something of Pitcairn's expression, and from the first moment to the clear end it was toward Pitcairn she gazed, her eyes tutored by his, her passionless, unheated manner his own, her adjustments and discrimination in words showing her legal training, while he sat as a maiden schoolmistress might who listened to the reciting of a favorite pupil. As she went on with her tale; omitting nothing of the duel; dragging in details of the quarrel which seemed unnecessary; stating that for some time past Mr. Carmichael's attentions to her had been pronounced to such an extent that she had shunned all company for fear of meeting him; damaging him in every way, as it appeared, while the poor fellow turned a piteous color, putting his hand over his eyes, and, for the first time in his great trouble, I saw his lips tremble and his body quiver with emotion. I could scarce endure the sight of this, and to show my feelings threw my arm across his shoulder, at which movement a murmur went through the crowd, no doubt at the oddity of the situation, that I should be so strongly marked on the one side and Nancy as strongly set on the other.

Danvers's conduct changed, however, before her testimony was finished, a thing which I was glad to see, for he brought himself together with fine bravery and courage, but with a bitterness showing in his face as of one who has been betrayed.

There were two things in Nancy's testimony to which I looked forward with dread. The first was the story of the cap, and the second the finding of the pistol which I was morally certain she had moved. The first of these was not mentioned at all, by which I knew that Pitcairn had had that incident concealed from him, and the pistol episode, about which I had been questioned at length, swearing that the first sight I had of the weapon was when it lay within a foot of the duke's hand, was answered like this:

It was after a full morning's hearing, during which it seemed there was nothing more she could have said for Danvers's undoing, that she was excused, to be followed by the villainous boatman, whose testimony showed all too clearly that Danvers had made ready a means of escape.

The prosecution rested with the testimony of this man, without one ray of hope for Danvers Carmichael that I could see, unless some of the jurymen were enlightened enough to refuse a conviction in a capital case on any evidence which was circumstantial or conjectural. Motive, abundant motive, had been proven; nearness to the crime at the time of the murder; the ownership of the weapon, a black spot for the defense to wipe out; and last, the means planned for an escape in case of discovery, as testified to by the boatman of Leith.

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