At Tipping the subject was never mentioned. The squire and Mrs.

Ellison had, on the drive home, had the most serious quarrel which had ever taken place during their wedded life; which had ended by the former saying:

"If anyone had ever told me before, Mary, that you were a vindictive woman, I should have knocked him down. I might do so now, but I should know in my heart that he had spoken truly. For some reason or other you took a prejudice against that boy, and you never forgave his mother for standing up in his defence. I was shocked, downright shocked, when you gave your evidence in court."

Mrs. Ellison had been too much offended to reply, and the rest of the drive had been pa.s.sed in silence. Upon their return home the girls were full of eager questions, but the squire said shortly:

"My dears, the less we talk about it, the better. Your mother and I differ entirely on the subject. She believes that Reuben Whitney is guilty. I am absolutely convinced he is innocent. Therefore, if you please, we will not discuss it."

The following morning Kate Ellison went down to the school house.

"Mr. Shrewsbury," she said, putting her head in at the door, "could you come out for two or three minutes? I want particularly to speak to you.

"Have you heard what took place yesterday, at Lewes?" she asked when he came out.

"Yes, Miss Ellison. I saw Jones the constable last night, and he told me all that had been said in court."

"And you think Reuben Whitney is innocent?" she asked eagerly.

"I am quite sure of it, Miss Ellison--as sure as I am of my own existence. For anyone who knows him to have a doubt is absolutely absurd. A finer young fellow than Reuben it would be hard to find."

"But what did he say? How did he account for his tools being found there?"

The schoolmaster repeated the account Reuben had given, and said:

"When the trial comes off I shall, of course, go over; and testify both as to his general conduct and to the fact that he had, as he said, promised to bring over his tools to put up some shelves in my cupboards."

"Do you think he will get off, Mr. Shrewsbury?" she asked anxiously.

"I should hope so, Miss Ellison, but I can't disguise from myself that it is by no means certain. That unfortunate old business about the dog will tell terribly against him; and though I am perfectly sure that his account of what took place is correct, there is nothing to confirm it. It is just the sort of story, they will say, that he would naturally get up to account for his absence, and for the tools being found. Of course, if the jury knew him as well as I do the result would be certain; but I have been trying to look at the facts as if he were a stranger, and I can't say what decision I should come to, in such a case. Still, of course, the high character that will be given him, and the fact that there is no evidence whatever connecting him, in any way, with bad characters, must count immensely in his favour."

The a.s.sizes were to take place only a fortnight after the date of Reuben's committal. Mrs. Whitney had engaged a lawyer in the town to defend her son and, to the surprise of this gentleman, Mr.

Ellison called upon him two or three days later, and said:

"Mr. Brogden, I hear that you have been engaged by Mrs. Whitney to defend her son. I don't believe the young fellow is guilty, and therefore I authorize you to spend any sum that may be necessary in getting up his defence; and I wish you to instruct a counsel to appear for him. Of course I cannot appear openly in the matter, and my name must not be mentioned, but I will guarantee all expenses.

"It seems to me that it would be desirable to find out, if possible, the village where he says he breakfasted, and asked the way to Lewes. In his story he says he didn't know the name of the village but, as he was told it was about twenty miles from Lewes, and he can describe the road he followed, there ought to be no difficulty in finding it.

"I should advise you to have a chat with Shrewsbury, the schoolmaster at Tipping. He is a great friend of the lad's, and a very intelligent fellow. He may be able to suggest some points to be followed up. At any rate, do all you can."

Reuben had another adherent who was also acting on his behalf. The afternoon before the trial, Kate Ellison stopped before the blacksmith shop in the village and, seeing that Jacob Priestley the smith was at work, alone, she entered.

"Is it true, Jacob, that you have been summoned on the jury at Lewes tomorrow?"

"Yes, miss, it bee true, sureley. It be four years since anyone in the village was summoned, and it be mighty hard that they should have picked upon me. Still, I have never been called before, so I suppose I mustn't grumble; but it be hard to be taken away from work, to waste one's time in a court, and they say the 'sizes ull last for three days."

"Well, Jacob, you know that Reuben Whitney is going to be tried for robbery at our house."

"Yes, miss; so they says."

"Well, what do you think about it, Jacob?"

"I don't think nothing one way or the other, miss. Most folks says as how he must have done it, 'cause as how he poisoned squire's dog afore."

"He didn't do anything of the sort, Jacob; and it's very wicked of people to say so. He is innocent, quite innocent. I am sure he is, and papa is quite sure, too; and he will be terribly put out if he is found guilty. So I want you to promise me that, whatever the others think, you will hold out that he is innocent."

"Well, miss," the smith said, scratching his head, "if you be sure of it, and squire be sure, I suppose there can't be no doubt about it, for who should know better than squire; and I am sure I wouldn't go to put him about, for a better landlord than squire ain't to be found in the county. So you tell him, miss, as I will hold out."

"But papa doesn't know that I have come down here, Jacob. It wouldn't do for him to interfere, you know; especially as he is a magistrate himself. You mustn't mention to anyone that I have spoken to you about it--not to anyone, Jacob, not even to your wife--but I can tell you the squire will be heartily pleased if he is found innocent, and he will be terribly put out if he is found guilty."

"All right, miss," the smith replied. "I understand, and no one sha'n't know as you have spoken to me aboot it. It be quite enough for I to know as the squire knows as he's innocent. It ain't likely as I should stick my opinion up against his."

The day after he heard of Reuben's arrest, the schoolmaster went over to see him; and as he was the bearer of a letter from Mr.

Ellison to the governor of the jail, he was able to obtain admittance.

"Was there ever such an unfortunate fellow as I am?" Reuben exclaimed, after the first hearty greeting. "Here am I for the second time accused of a crime of which I am innocent; and from which, indeed, in the present case I am a sufferer; and all this has come about, simply because I went out of my way to inquire into what seemed to me a suspicious business."

"Tell me all about it, Reuben. I have heard the statement you made to the chief constable; but tell it me again, with every detail you can think of. Some circ.u.mstance, which appears to you as trifling, may furnish a clue."

"I have seen Mr. Brogden, the lawyer. I have told him all that happened," Reuben said; "but of course, I will gladly tell you again."

And Reuben repeated the story of the adventure, with every detail that he could think of; speaking slowly, as the schoolmaster wrote it down at length.

"I will see what I can make of it, when I think it over," Mr.

Shrewsbury said. "Of course, as it stands, it is so natural and probable that it would clear you at once; had it not been for that unfortunate dog business before, and the supposition, excited by it, that you had a feeling of hostility to the squire. I shall be able partly to dispose of that, for I can swear that you have frequently spoken to me of the squire in tones of respect and liking; and that, although you regretted the manner in which you left his service, you felt no ill will against him on account of it. Moreover, I shall be able to prove that the reasons you gave for having your tools with you was a true one; and although I cannot swear that I expected you specially on that evening, the fact that you were in the habit of coming over, at times, to see me, cannot but corroborate your story.

"I shall get leave for two or three days, and will hunt up the village where you breakfasted."

"Thank you very much," Reuben said, "though I have been thinking it over, and do not see that the evidence of the people at the public house would help me much. It will simply prove that I pa.s.sed through there in the morning; but will not show, in any way, whether I went willingly as far as that, as one of the party who broke into the house, or whether I was taken there."

"They can probably prove that you looked pale and exhausted," the schoolmaster said.

"I fancy I should look pale, in any case," Reuben said, "if I had gone through such a night's work as that of breaking into the squire's."

"Well, keep up your courage, Reuben. You may be quite sure that your friends will do all in their power for you. I shall go now and have a chat with your mother. I am afraid that she will want comforting more than you do."

"Yes," Reuben agreed, "I am afraid so. Somehow I don't seem to take it to heart much. I shall feel it more afterwards, perhaps; but at present, the whole thing seems so extraordinary that I can't quite realize that I am in danger of being sent to Botany Bay. The worst of it is that, even if I am acquitted, lots of people will still think I am guilty. There is only one thing that can really prove my innocence, and that is the arrest of Tom Thorne, and his father."

"I hear," the schoolmaster said, "that the chief constable has written up to Bow Street, for them to put the runners on the traces of those two scoundrels. Whether they believe your story or not, it is quite evident that more than one person was concerned in the affair. Their theory, of course, is that you quarrelled with the others over the division of the spoil; and got that knock on the head, which is a very severe one. I went down yesterday with Jones, to see the spot where you said you were a.s.saulted. There were marks where the horse stopped, and marks of feet in the field, and a patch of blood; all of which goes to prove that your story may be true, but unfortunately it doesn't prove that it was because, according to the theory against you, you might have been a.s.saulted after the robbery, as well as before it."

"But in that case," Reuben said, "why should they have taken the trouble to carry me twenty miles away?"

"Yes, there is of course that question," the schoolmaster said thoughtfully; "but then, on the other hand, why did they take the trouble in case you were not an accomplice? In both cases the answer is the same--they did it to prevent your giving the alarm, until they had got far away from the scene. They didn't like to murder you, because of the consequences to themselves; but they would not risk your recovering consciousness and getting up an early pursuit. It cuts both ways, you see."

"So it does," Reuben a.s.sented. "It's just a question of belief; and I own, myself, that that old dog business is very much against me; and that I can't blame anyone who considers me guilty."

Reuben's was the last case taken at the a.s.sizes, and occasioned a good deal of interest in that part of Suss.e.x, partly owing to the position of Squire Ellison, partly to the nature of the defence set up, as to which opinion was a good deal divided. The evidence for the prosecution was, to a great extent, similar to that given at the inquiry before the magistrates. Unfortunately for Reuben, the judge was notoriously a severe one; and his bias, from the first, appeared to be against the prisoner. Mr. Ellison was closely questioned by the prosecutor as to the poisoning of his dog, as this was considered to show a particular animus on the part of Reuben. He again repeated his conviction of Reuben's innocence in that affair.

"But what reason have you, Mr. Ellison," the counsel for the prosecution asked blandly, "for changing your opinion on the subject?"