The Experiences of a Barrister, and Confessions of an Attorney. Samuel Warren
of the way?"
"Yes; part of the way."
"Did Pearce sometimes wear a black, shiny hat?"
"No—yes: she did not remember."
"Where was Pearce now?"
"She didn't know."
"Had he disappeared since that Sunday evening?"
"She didn't know."
"Had she seen him since?"
"No."
"Had Mr. Wilson ever threatened to discharge her for insolence to Mrs.
Armstrong?"
"Yes; but she knew he was not in earnest."
"Was not the clasp-knife that had been found always left in the kitchen for culinary purposes?"
"No—not always; generally—but not _this _time that Armstrong went away, she was sure."
"Mary Strugnell, you be a false-sworn woman before God and man!" interrupted the male prisoner with great violence of manner.
The outbreak of the prisoner was checked and rebuked by the judge, and the cross-examination soon afterwards closed. Had the counsel been allowed to follow up his advantage by an address to the jury, he would, I doubt not, spite of their prejudices against the prisoners, have obtained an acquittal; but as it was, after a neutral sort of charge from the judge, by no means the ablest that then adorned the bench, the jurors, having deliberated for something more than half an hour, returned into court with a verdict of "guilty" against both prisoners, accompanying it, however, with a strong recommendation to mercy!
"Mercy!" said the judge. "What for? On what ground?"
The jurors stared at each other and at the judge: they had no reason to give! The fact was, their conviction of the prisoners' guilt had been very much shaken by the cross-examination of the chief witness for the prosecution, and this recommendation was a compromise which conscience made with doubt. I have known many such instances.
The usual ridiculous formality of asking the wretched convicts what they had to urge why sentence should not be passed upon them was gone through; the judge, with unmoved feelings, put on the fatal cap; and then a new and startling light burst upon the mysterious, bewildering affair.
"Stop, my lord!" exclaimed Armstrong with rough vehemence. "Hear me speak! I'll tell ye all about it; I will indeed, my lord. Quiet, Martha, I tell ye. It's I, my lord, that's guilty, not the woman. God bless ye, my lord; not the wife! Doant hurt the wife, and I'se tell ye all about it. I alone am guilty; not, the Lord be praised, of murder, but of robbery!"
"John!—John!" sobbed the wife, clinging passionately to her husband, "let us die together!"
"Quiet, Martha, I tell ye! Yes, my lord, I'se tell ye all about it. I was gone away, wife and I, for more nor a week, to receive money for Mr. Wilson, on account of smuggled goods—that money, my lord, as was found in the chest. When we came home on that dreadful Sunday night, my lord, we went in the back way; and hearing a noise, I went up stairs, and found poor Wilson stone-dead on the floor. I were dreadful skeared, and let drop the candle. I called to wife, and told her of it. She screamed out, and amaist fainted away. And then, my lord, all at once the devil shot into my head to keep the money I had brought; and knowing as the keys of the desk where the mortgage writing was kept was in the bedroom, I crept back, as that false-hearted woman said, got the keys, and took the deed; and then I persuaded wife, who had been trembling in the kitchen all the while, that we had better go out quiet again, as there was nobody in the house but us: I had tried that woman's door—and we might perhaps be taken for the murderers. And so we did; and that's the downright, honest truth, my lord. I'm rightly served; but God bless you, doant hurt the woman—my wife, my lord, these thirty years. Five-and-twenty years ago come May, which I shall never see, we buried our two children. Had they lived, I might have been a better man; but the place they left empty was soon filled up by love of cursed lucre, and that has brought me here. I deserve it; but oh, mercy, my lord! mercy, good gentlemen!"—turning from the stony features of the judge to the jury, as if they could help him—"not for me, but the wife. She be as innocent of this as a new-born babe. It's I! I! scoundrel that I be, that has brought thee, Martha, to this shameful pass!" The rugged man snatched his life-companion to his breast with passionate emotion, and tears of remorse and agony streamed down his rough cheeks.
I was deeply affected, and felt that the man had uttered the whole truth. It was evidently one of those cases in which a person liable to suspicion damages his own cause by resorting to a trick. No doubt, by his act of theft, Armstrong had been driven to an expedient which would not have been adopted by a person perfectly innocent. And thus, from one thing to another, the charge of murder had been fixed upon him and his hapless wife. When his confession had been uttered, I felt a species of self-accusation in having contributed to his destruction, and gladly would I have undone the whole day's proceedings. The judge, on the contrary, was quite undisturbed. Viewing the harangue of Armstrong as a mere tissue of falsehood, he cooly pronounced sentence of death on the prisoners. They were to be hanged on Monday. This was Friday.
"A bad job!" whispered the counsel for the defence as he passed me. "That witness of yours, the woman Strugnell, is the real culprit."
I tasted no dinner that day: I was sick at heart; for I felt as if the blood of two fellow-creatures was on my hands. In the evening I sallied forth to the judge's lodgings. He listened to all I had to say; but was quite imperturbable. The obstinate old man was satisfied that the sentence was as it should be. I returned to my inn in a fever of despair. Without the approval of the judge, I knew that an application to the Secretary of State was futile. There was not even time to send to London, unless the judge had granted a respite.
All Saturday and Sunday I was in misery. I denounced capital punishment as a gross iniquity—a national sin and disgrace; my feelings of course being influenced somewhat by a recollection of that unhappy affair of Harvey, noticed in my previous paper. I half resolved to give up the bar, and rather go and sweep the streets for a livelihood, than run the risk of getting poor people hanged who did not deserve it.
On the Monday morning I was pacing up and down my break fast-room in the next assize town, in a state of great excitement, when a chaise-and-four drove rapidly up to the hotel, and out tumbled Johnson the constable. His tale was soon told. On the previous evening, the landlady of the Black Swan, a roadside public-house about four miles distant from the scene of the murder, reading the name of Pearce in the report of the trial in the Sunday county paper, sent for Johnston to state that that person had on the fatal evening called and left a portmanteau in her charge, promising to call for it in an hour, but had never been there since. On opening the portmanteau, Wilson's watch, chains, and seals, and other property, were discovered in it; and Johnson had, as soon as it was possible, set off in search of me. Instantly, for there was not a moment to spare, I, in company with Armstrong's counsel, sought the judge, and with some difficulty obtained from him a formal order to the sheriff to suspend the execution till further orders. Off I and the constable started, and happily arrived in time to stay the execution, and deprive the already-assembled mob of the brutal exhibition they so anxiously awaited. On inquiring for Mary Strugnell, we found that she had absconded on the evening of the trial. All search for her proved vain.
Five months had passed away; the fate of Armstrong and his wife was still undecided, when a message was brought to my chambers in the Temple from a woman said to be dying in St. Bartholomew's Hospital. It was Mary Strugnell; who, when in a state of intoxication, had fallen down in front of a carriage, as she was crossing near Holborn Hill, and had both her legs broken. She was dying miserably, and had sent for me to make a full confession relative to Wilson's murder. Armstrong's account was perfectly correct. The deed was committed by Pearce, and they were packing up their plunder when they were startled by the unexpected return of the Armstrongs. Pearce, snatching up a bundle and a portmanteau, escaped by the window; she had not nerve enough to attempt it, and crawled back to her bedroom, where she, watching the doings of the farmer through the chinks of the partition which separated her room from the passage, concocted the story which convicted the prisoners. Pearce thinking