He had given her his name, he had given her a home. He had treated her with uniform kindness--no evidence had been produced that he had ever maltreated her. On the contrary, as the widow Chivers had admitted--the prisoner said herself that the deceased had never struck her with a stick. That there had been quarrels he freely admitted, that the deceased had spoken sharply was not to be denied. But he asked: What husband would endure that the young wife who was indebted to him for everything, should resume her light and reprehensible conduct, or should show inclination to do so, after he had made her his own? No doubt whatever that the prisoner at the bar felt the monotony of a farmhouse irksome after the lively existence in a public house. No doubt she missed the society of topers, and their tipsy familiarities. But was that reason why she should kill her husband?

He believed that he had been able to show that this murder had been planned; that the prisoner had provided herself with the implement wherewith it was her purpose to rid herself of the husband who was distasteful to her. With deliberate intention to free herself, she had waited to catch him alone, and where she believed she was unobserved. The jury must consider how utterly degraded a woman must be to compass the death of the man to whom she had sworn eternal fidelity and love. A woman who could do this was not one who should be suffered to live; she was a scandal to her sex; she dishonored humanity.

The counsel proceeded to say: "Gentlemen of the jury, I have anxiously looked about for some excuses, something that might extenuate the atrocity of this crime. I have found none. The man who steals bread to support his starving children must suffer under the law for what he has done. Can you allow to go free a woman, because young, who has wilfully, wantonly, and deliberately compassed the murder of her husband, merely, as far as we can judge, because he stood in her way pointing the direction to morality and happiness. Whatever may be said in defence of this unfortunate prisoner now on her trial, gentlemen of the jury, do not mistake your office. You are not here to excuse crime and to forgive criminals, but to judge them with justice. Do not be swayed by any false feeling of commiseration because of the sex and youth of the accused. Remember that a wife guilty of the murder of her husband, who is allowed to run free, encourages all others, possibly even your own, to rid themselves of their husbands, whenever they resent a look or a word of reproach. I will lose no more words, but demand a sentence of guilty against Mehetabel Kink."

The young mother had hardly been able to endure the sense of shame that overwhelmed her during the progress of the speech of the counsel. Flushes of crimson swept through her face, at his insinuations and statements affecting her character, and then the color faded leaving her deadly white. This was an agony of death worse than the gallows. She could have cried out, "Take my life--but spare me this dishonor."

Joe Filmer looked troubled and alarmed; he worked his way to the back of the bench, where sat the counsel for the defence, and said: "Old Crock, five guineas--ten, if you'll get her off. Five from the master, and five from me. And I'll kick that rascal who has just spoken, as he comes out; I will, be Jiggers!"

CHAPTER XLVIII.

THE VERDICT.

When the counsel for the defense stood up, Mehetabel raised her shame-stricken face. This man, she knew, would speak a good word for her--had he not done so already? Had not all his efforts been directed towards getting out of the witnesses something favorable to her, and to showing contradictions in their statements which told against her?

But she looked timidly towards him, and dared not meet the glances of the crowd in the court. What must they think of her--that she was an abandoned woman without self-restraint; a disgrace to her sex, as that young barrister had said.

Again, it must be said, she was accustomed to injustice. She had been unfairly treated by Susanna Verstage. She had met with cruel wrong from her husband. By the whole of the Punch-Bowl she had been received without generosity, without that openness of mind which should have been manifested towards a stranger claiming its hospitality. She had not received the kindness that was her due from her sister-in-law. Even the well-disposed Joe Filmer believed her to be guilty of murder. But perhaps she could have borne all this better than the wounding insults offered her by the counsel for the prosecution, blasting her character before the world.

The barrister engaged to defend her did his utmost, and did it with ability. He charged the jury not to be deceived into believing that this was a case of premeditated murder, even if they were satisfied that Jonas had been killed by the stone carried by the defendant.

As he had brought out by the evidence of the widow Betty Chivers, and by that of the surgeon, the prisoner had been off her head, and was not responsible for what she said or did. What more likely then that she raved in delirium when she asserted that she would kill her husband, and what more evident token of having her brain overbalanced than that she should be running about the country hiding in caves, carrying her child with her, under the impression that her husband desired to take it from her, and perhaps do it an injury. That was not the conduct of a sane woman. Why should a father seek to rob her of her child? Could he suckle it? Did he want to be encumbered with an unweaned infant? Then as to the alleged murder. Was the testimony of the two men, Thomas and Samuel Rocliffe, worth a rush? Was not this Thomas a fool, who had been enveigled into a marriage with a tramp who called herself a countess? Did he not show when under cross-examination that he was a man of limited intelligence? And was his son Samuel much better?

There was a dense holly hedge betwixt them and the prisoner. He put it to any candid person, who can see so clearly through a holly bush as to be able to distinguish the action of parties on the further side? These two witnesses had fallen into contradiction as to what they had heard said, through the holly hedge, and it was much easier to hear than to see athwart such an obstruction.

There was enough to account for the death of Jonas Kink without having recourse to the theory of murder. He had received a blow on his head, but he had received more blows than one; when a man falls backwards and falls down into a kiln that yawns behind him he would strike his head against the side more than once, and with sufficient force to break in his skull and kill him. How could they be sure that he was not killed by a blow against the bricks of the kiln edge? The accused had charged the deceased with having tried to murder her baby. That was what both the witnesses had agreed in, though one would have it she had asserted he tried to poison it, and the other that he had endeavored to strangle it. Such a charge was enough to surprise a father, and no wonder that he started back, and in starting back fell into the kiln, the existence of which he had forgotten if he ever knew of it. He the counsel, entreated the jury not to be led away by appearances, but to weigh the evidence and to pronounce as their verdict not guilty.

No sooner had he seated himself than he was nudged in the back, and Joe Filmer said, in a loud whisper, "Famous! Shake hands, and have a drop o' Hollands." Then the ostler thrust forward a bottle that had been in his pocket. "It's first-rate stuff," he said. "The master gave it me."

The Judge summed up and charged the jury. As Joe Filmer described his address afterwards, "He said that there were six things again'

her, and about a half-a-dozen for her; there was evidence as went one road and evidence as went t'other way. That she was either guilty or not guilty, and the gem'men of the jury was to please themselves and say wot they liked."

Thereupon the jury withdrew.

Now when the twelve men were in the room to which they had retired, then the foreman said:--"Well, gents, what do you think now? You give us your opinion, Mr. Quittenden."

"Then, sir," answered the gentleman addressed, an upholsterer. "I should say 'ang 'er. It won't do, in my opinion, to let wives think they can play old Harry with their 'usbands. What the gentleman said as acted in the prosecution was true as gospel. It won't do for us to be soft heads and let our wives think they can massacre us with impunity. Women ain't reasonin' creatures, they're hanimals of impulse, and if one of us comes 'ome with a drop too much, or grumbles at the children bein' spoiled, then, I say, if our wives think they can do it and get let off they'll up wi' the flat iron and brain us. I say guilty. Ang 'er."

"Well, sir," said the foreman, "that's your judgment. Now let us hear what Josias Kingerle has to say."

"Sir," said the gentleman addressed, who was in the tannery business, "if she weren't so good-lookin' I'd say let her off."

As an expression of surprise found utterance Mr. Kingerle proceeded to explain.

"You see, gentlemen of the jury, and you, Mr. Foreman, I have a wife, and that good lady was in court, an' kept her eye on me all the time like a rattlesnake. I couldn't steal a peep at the prisoner but she was shakin' of her parasol handle at me, and though she didn't say it with words yet I read it in her eye, 'Now then, Josiah, none o' your games and gushes of pity over pretty gals.' It's as much as my domestic felicity is worth, gentlemen, to say not guilty.

My wife would say, and your wives would all say, 'O yes! very fine.

Because she was 'andsome you have acquitted her. Had we--' I'm speakin' as if it was our wives addressin' of us, gentlemen--'Had we been in the dock, or had there been an ugly woman, you would have said guilty at once.' So for peace and quietness I say guilty.

'Ang 'er."

"Well, Mr. Kingerle," said the foreman, "that is your opinion; you agree with Mr. Quittenden. Now then, what say you, Mr. Wrist?"

The juryman addressed was a stout and heavy man. He stretched his short legs, seated himself in his chair, and after a long pause said, "I don't know as I care particular, as far as I'm concerned.

But it's better in my opinion to hang her, even if innocent, than let her off. It's setting an example, a fine one, to the wimen. I agree with Mr. Quittenden, and say--guilty. 'Ang 'er.'

"Now then, Mr. Sanson."

"I," answered a timid little apothecary, "I wouldn't wish to differ from any one. I had rather you passed me over now, and just asked the rest. Then I'll fall in with the general division."

"Very well, then--and you, Mr. Sniggins."

"I am rayther hard of hearing," answered that gentleman, "and I didn't catch all that was said in evidence, and then I had a bad night. I'd taken some lobster last evening, and it didn't agree with me, and I couldn't sleep, and it was rayther hot in the court, and I just closed my eyes now and again, and what with being hard of hearing and closing my eyes, I'm not very well up in the case, but I say--guilty. 'Ang 'er."

"And you, Mr.--I beg your pardon, I did not catch your name."

"Verstage."

"Not a Kingston gent?"

"Oh, no, from Guildford,"

"What say you, sir?"

"I--emphatically, not guilty." Iver threw himself back in his chair, extended his legs, and thrust his hands into his trouser pockets. "The whole thing is rank nonsense. How could a woman with a baby in her arms knock a man down? You try, gents, any one of you--take your last born, and whilst nursing it, attempt to pull your wife's nose. You can't do it. The thing is obvious." He looked round with assurance. "The man was a curmudgeon. He misused her.

He was in bad circumstances through the failure of the Wealden Bank. He wanted money, and the child had just had a fortune left it--something a little under two hundred pounds."

"How do you know that?" asked the foreman. "That didn't come out in evidence."

"P'raps you shut your ears, as Mr. Sniggins shut his peepers.

P'raps it came out, p'raps it didn't. But it's true all the same.

And the fellow wanted the money. Matabel--I mean the prisoner at the bar thought--rightly or wrongly matters not--that he wished for the death of his child, and she ran away. She was not crazy; she was resolved to protect her child. She swore that she would defend it. That Giles Cheel and Mrs. Rocliffe said. What mother would not do the same? As for those two men, Thomas and Samuel Rocliffe, they never saw her knock down Jonas Kink, for the good reason that she was holding the baby, and couldn't do it. But when she told him, he was seeking his child's life--all for the money left it--then he stumbled back, and fell into the kiln--not guilty. If I sit here till I starve you all--not guilty."

"But, sir, what you state did not come out in the evidence."

"Did it not? So much the worse for the case. It wasn't properly got up. I'll tell you what, gents, if you and me can't agree, then after a time the jury will be dismissed, and the whole case will have to be tried again. Then the evidence will come up that you think you haven't heard now, and she'll be acquitted, and every one will say of this jury--that we were a parcel of noodles."

"Well, sir, not guilty," said the foreman. "What do you say, Mr.

Lilliwhite?"

"Sir," answered the gentleman addressed, "I'd like to know what the cost to the county will be of an execution. I say it can't be done under a hundred pounds, if you calculate the carpentering and the timber, and the fees, and the payment of the constables to keep order, and of the hangman. I say it ain't worth it. There'll be another farthing stuck on the rates, all along of this young woman.

I'm again' it. Not guilty. Let 'er go."

"And I," said the next juryman, "am averse to capital punishment. I wrote a little tract on the subject. I do not know if any of you gentlemen have seen it. I have copies in my pocket. I shall be happy to present each of you with a copy. I couldn't possibly say guilty and deliver her over to a violent death, without controverting my published opinions, and, so to speak, stultifying myself. So, really, sir, I must positively say not guilty, and would say as much on behalf of the most ferocious murderer, of Blue Beard himself, rather than admit anything which might lead to a sentence of capital punishment. Not guilty."

Nearly an hour and a half elapsed before the jury returned to the court. It was clear that there had been differences of opinion, and some difficulty in overcoming these, and bringing all the twelve, if not to one mind, at all events to one voice.

A silence fell on the whole court.