This was just the question which the squire could not answer satisfactorily; and was a particularly irritating one, because it had often been triumphantly asked by his wife.

"I can really give no particular reason," he said, "except that, on reflection, the boy's previous character and antecedents convinced me that he could not have done such an act."

"In fact," the counsel said suavely, "you were influenced by your own goodness of heart, Mr. Ellison, in thus laying aside a conviction which the facts had, at the time, forced upon you."

"I don't look upon it in that light," the squire replied shortly.

"I consider that in the first instance I acted hastily and unadvisedly, and on consideration I saw that I had done so."

"I am afraid, Mr. Ellison," the counsel said, "that you will not persuade the jury to agree with you."

"I have only one or two questions to ask you," the counsel for the defence said, when he rose to cross-examine, "for indeed your evidence is, as I think the jury will agree, altogether in favour of the prisoner. In the first place, was the lad, when in your employment, ever upstairs in your house?"

"Not that I know of," the squire replied. "Certainly in the course of his duties he would never be there. Indeed, it would be very seldom that he would even enter the kitchen, except to bring in vegetables. Certainly he would never pa.s.s through to go upstairs.

He could not possibly have done so without exciting attention and remarks."

"He would therefore, Mr. Ellison, have no means of possessing any knowledge as to the internal arrangements of your house, beyond that possessed by the other people in the village?"

"None whatever," Mr. Ellison replied.

"Now, as to that unfortunate affair of the poisoning of your dog.

Your opinion, as to the innocence of the prisoner in that matter, is not a recent one--not the outcome of his after good conduct and character?"

"Not at all," Mr. Ellison said. "I changed my opinion on the matter very shortly, indeed, after the affair."

"Within a few days, I think I may say?" the counsel asked.

"Within a very few days; I may almost say within a few hours," the squire replied. "The boy's story, told not to me but to another, that he believed the dog was poisoned by another lad in the village who owed him a grudge, and who has since turned out an exceedingly bad character, struck me as being very much more probable than that he should do it, himself."

Mrs. Ellison was next called. Her evidence as to the robbery was a mere repet.i.tion of that given by the squire. The counsel then turned to the question of the poisoning.

"I would rather say nothing about it," Mrs. Ellison said. "It is a matter which has been productive of much pain to me, and I would rather say nothing about it."

"But you must, madam," the judge said sharply. "You are here to answer any question which may enable the jury to form an opinion on this case."

"I am sorry to press you, Mrs. Ellison," the counsel continued, "but I really must do so. You took a different opinion to that held by your husband?"

"I regret to say that I did. Mr. Ellison told me the reasons he had for suspecting the boy. I thought those reasons sufficient, and have seen no cause for changing my opinion."

After the evidence for the prosecution had been given, the counsel for the defence pointed out that there was, in fact, no evidence whatever connecting Reuben with the robbery, beyond the discovery of his tools on the premises; and that, as to this trumpery story of the poisoning a dog, four years before, apparently only for the purpose of showing some sort of animus, he regarded it as altogether contemptible. When a man meant to commit a burglary in a house, he did so in order to obtain possession of the goods, and not from any spite against the owner. Had this young fellow felt any malice, for this ridiculous charge on which he had been dismissed, he would not have allied himself with burglars to rob the house; but would probably have vented his spite in the usual fashion, by setting fire to a stack or outhouse; but so far as he could see, there was no foundation for the charge brought against him, and they had already heard Mr. Ellison declare that he regretted he had suspected him, and that he believed him to be innocent.

But even had it been proved, up to the hilt, that the prisoner had poisoned the dog, he should still hold it as wholly unconnected with the present matter. If he had poisoned the dog, what then? It was not a heinous sin, nor would it affect his moral character. No boy likes having a piece taken out of his calf by a savage dog, and there would have been nothing so very dreadful had he revenged himself. It was probable that, even among the jury, there was one or more who, if he had not absolutely set poison for his neighbour's cats, for destroying his young chickens or scratching up his flower beds, had threatened to do so, and would not have regarded it as a very serious crime had he done so.

Therefore he contended that the jury should put this trumpery affair altogether out of their minds; on the double ground that, in the first place, the prisoner at the bar did not poison the dog; and that, had he done so, it would have had nothing whatever to do with the present affair.

"Why, gentlemen," he said, "it is an insult to your understanding to ask you to credit that this young fellow--whose character, which I shall presently prove to you, by unimpeachable evidence, is of the highest kind--has, for four years, cherished such malice against his employer, for dismissing him mistakenly, that he has become the consort of thieves and burglars, has stained his hands in crime, and rendered himself liable to transportation, for the purpose merely of spiting that gentleman. Such a contention would be absolutely absurd. I must beg you to dismiss it altogether from your mind, and approach it from a different standpoint, altogether.

Divested of this extraneous business, the matter is a most simple one.

"The prisoner left his mother's cottage, at seven o'clock in the evening, to go over for an hour or two to his friend Mr.

Shrewsbury, the schoolmaster of Tipping. He took with him a few tools, as he had promised to put some shelves in his friend's house. On the way he heard some talking down a lane, which he knew led to only a field. Thinking it strange, he went to see who it was and, some distance down, he found a horse and cart standing and, listening to the conversation of two men who were sitting under the hedge, he heard enough to inform him that a burglary was intended upon the house of Mr. Ellison. He was about to make off to give the alarm, when he was suddenly attacked by some men who had come up behind, and was felled to the ground. While lying insensible, he was bound hand and foot and left in a ditch; where he remained till the burglars returned from completing the work on hand. They then threw him into the cart, and put him down some twenty miles away.

Being greatly exhausted by loss of blood, it was late in the afternoon before he arrived at Lewes, when he was at once arrested.

"This, gentlemen, is the prisoner's story, as related to the chief constable when he was taken to the lockup. Nothing can be simpler or more probable; and in some points, at least, I shall be able to confirm it by independent testimony. Mr. Shrewsbury will tell you that the prisoner had arranged to come over to see him, and bring his tools. He will also tell you that, two days after the prisoner's arrest, he went with Jones, the village constable, and found the marks where the horse and trap had stood; while, just inside the field, the gra.s.s was trampled with feet; and in the bottom of the dry ditch was a great dark patch, which he was able to ascertain to be blood. Doctor Hewitt will tell you that he was called in to strap up the prisoner's head, after his arrest; and that the cut was a very severe one, and must have been inflicted by a heavy weapon, with great force.

"I am convinced, gentlemen, that after hearing this evidence you will agree with me, not only that the prisoner is perfectly innocent of the charge, but that he is a most ill-used person; and that it is a matter of surprise and regret that the magistrates should have committed him for trial, when the only shadow of evidence against him was the discovery of these tools, a discovery which he at once explained. Of other evidence, there is not one jot or t.i.ttle. No attempt has been made to prove that the prisoner was in the habit of consorting with bad characters; no attempt has been made to show any connection, whatever, between him and the men who came in a horse and trap across the hills, for the purpose of effecting a burglary at Mr. Ellison's; and who, as we know, did effect it. No sc.r.a.p of the property stolen from the house has been found upon him and, in order to account for the severe wound on his head, the counsel for the prosecution has started the hypothesis that it was given in the course of a quarrel, during the division of the plunder.

"But had that been the case, gentlemen, the prisoner would not have been standing here alone. Robbed and ill-treated by these companions of his, he would naturally have put the officers of justice on their track and, as he must have been in communication with them, and well acquainted with their ways and haunts, he could have given information which would have led to their early arrest.

He could well have done this, for the crown would have made no difficulty, whatever, in promising a lad like this a free pardon, on condition of his turning evidence against these burglars; whose mode of procedure shows them to have been old hands, and who are, no doubt, the same who have committed the various robberies which have lately taken place in this part of the country.

"The prisoner is the son of highly respectable parents. His employer will come before you, and give you evidence of the extremely high character he bears. Mr. Shrewsbury will tell you that he has, for the last four years, devoted no inconsiderable portion of his leisure time to improve his education, and enable him to recover the position occupied by his father, who was a much-respected miller in this neighbourhood. I shall leave the case in your hands, gentlemen, with an absolute confidence that you will, without a moment's hesitation, find a verdict proclaiming the innocence of my client; and enable him to leave the dock, without a stain upon his character."

Chapter 5: Not Guilty!

The schoolmaster was the first witness called for the defence.

After stating that, although no evening was actually settled for his coming over, he expected the prisoner one evening that week; and that he had promised to bring his tools over, to do a little job of carpentering; he also detailed his visit to the lane, and the result of his observation there; and then gave Reuben the highest character, saying that he had known him for five years, and that he had an absolute confidence in his integrity and honesty.

"He has from the first," he said, "proved a most intelligent and hard-working boy, anxious to improve himself and to get on in the world. He has learnt all that I could teach him, and more. He is one of the last persons in the world whom I should consider capable of the crime with which he is charged. As to his having any animosity to Mr. Ellison, I can swear that, on many different occasions, he has expressed his high opinion of him; and has declared that it was quite natural that, with the evidence before him, he should have thought him guilty of poisoning the dog."

The keeper of the wayside public house, where he had breakfasted, proved that he was struck with the prisoner's appearance when he entered; that he was very pale, and seemed scarcely able to walk.

He had asked him the nearest way to Lewes, and had inquired whether there was any chance of getting a lift; as he was anxious to get back, as soon as possible.

Mr. Penfold was the next witness. He said that the prisoner had been apprenticed to him, four years previously; that his general conduct had been most excellent, and that he was remarkably quick and intelligent, and was an excellent workman. During the time that he had been employed, he had never lost a day.

"At the time he was apprenticed to you, Mr. Penfold," Reuben's counsel asked, "were you aware that the lad had been summarily discharged by Mr. Ellison?"

"I was aware of that fact," Mr. Penfold answered; and Reuben, with surprise, looked at his employer.

"From whom did you hear of it?"

"I heard of it from Mr. Ellison himself, who called upon me about the matter."

"How was it he came to call upon you, Mr. Penfold?"

"The prisoner's mother had applied to me about apprenticing her son. I had asked 50 pounds premium, and said that it wasn't my custom to pay any wages for the first year. She said she could only afford 20 pounds, and I thought that was an end of the matter until, a few days later, Mr. Ellison called upon me, and said that he had heard from the schoolmaster in his village, who was a friend of the boy's mother, how matters stood; and that her application had fallen through, owing to her being unable to find more than 20 pounds.

"I said that this was so. Mr. Ellison then said that he was prepared to make up the deficiency, that he had a regard for the boy's father; and that, moreover, he himself had, through a hasty misconception regarding the poisoning of the dog, discharged the lad from his service; and that he felt uneasy, in his mind, at having been guilty of a piece of injustice. Over and above the 30 pounds, he gave me six pound ten; in order that I might pay the boy half a crown a week, for the first year, which he said would be a matter of consequence to his mother. He requested me on no account to let Mrs. Whitney know that he had intervened in the matter, but to represent that I changed my mind, and was willing to take the 20 pounds she offered as a premium. He was particularly anxious on this point; because, he said, she would certainly refuse to accept a.s.sistance from him, owing to that unfortunate affair about the dog.

"I may say that, from that time to this, I have not mentioned the fact to anyone; and the sum of 20 pounds was inserted in the indenture of apprenticeship."

There was a little movement of applause in the court, as Mr.

Penfold gave his evidence; and Reuben looked gratefully towards Mr.

Ellison, and said heartily:

"I thank you, sir, with all my heart."

The foreman of the yard was next examined. He confirmed the high character Mr. Penfold had given Reuben, and adding that he knew the lad never entered a public house, but spent his evenings almost entirely at home studying; for that he himself had, many times, called in and had, upon every occasion, found him so employed.