COUNSEL AND CULPRIT.

Star (Christchurch), Issue 7233, 21 October 1901, Page 4

COUNSEL AND CULPRIT.

(By M. M. BODKIN, K.C.) "Prisoner, lock on the juror. Juror, look on the prisoner! You shall well and truly try and true deliverance make of the prisoner given you in charge according to the evidence ; so help you God, Kiss the Book." , The last of the jurors -was sworn, and> they settled down in their places with a shuffling of feet. ' -v " How say you, prisoner ; are you guilty or not guilty?" the monotonous drone went on in the same sing-song tones. "2fot guilty!" said the prisoner, in so pleasant a voice, so quiet, yet so courageous, with no touch of (bravado or of fear, "that everyone in. Court was surPr The kindly old Judge who tried the case glanced down at him benevolently over his gold spectacles. \ . ■ ' „„ -Have you anyone concerned for you.' he asfced. " No. my lord." . "This is a very serious charge. It is net for me to actvise, of course; but are von quite Tesobred to dispense with professional assistance?" "There is no alternative, my lord. It :s my poverty, and not my will, compels ; I have no money." The Judge scratched his ear with the feather of bis quill pen in manifest per-, plexitv. " I have no right to award coun-sel-aprU solicitor," he said, "except in a capital case. But if any gentleman, in court should wish to volunteer, I should be very pleased." rt £r-,will be happy, with your lordship's permission, to undertake the case/ said a very young solicitor, blushing violently at his own boldness. "Thank you, sir," said the Judge. "I am sure you will be able to secure the assistance 'of some of the junior gentlemen of the Bar who are present." '"My lord!" the prisoner again interposed in the same modest and pleasant voice as before, " I fear I am over-presump-tuoue, but I would be deeply grateful if that gentleman ■ would undertake my defence." He pointed diffidently to a handsome young barrister in wig and gown who had been gazing at him steadily, with a certain sympathy in his dark eyes. * Though still young — even for a. Junior — Frank Dalton had already secured for himself reputation and briefs by his success in a celebrated breach of promise case, in •vtfhich the fair plaintiff herseZf had insisted lic.shouW be her only counsel. f[e never afterwards could tell what had tempted him to stroll idly into the Old Bailey that morning. Bufc once there, he had been stnkk with the strange resem-" blance between the prisoner and' himself, and waited. The two. men were about the same height and the same strong, active build. Their eyes were of the same colour,' their features the same shape. Dalton knew that his own brown hair wider the horsehair curled the same way at the edges of his forehead. But Dalton was clean-shaven and ruddy, and the prisoner wore a pointed Heard and moustache, and his face was very pale. To a casual spectator the resemblance was not- fo striking. When the prisoner pleaded " Not guilty," Dalton thought he heard again his cwn voice. - "Mr Dalton is a busy man," the Judge said kindly ; "it would be unreasonable to expect j?nch a sacrifice of his time." ''1 will be very happy to undertake the case, if your lordship pleases," Dalton answered "quickly, " though a? yet I am wholly ignorant of its character." ".It is a grave charge, Mr Dalton. a very- grave charge. The solicitor fur the prosecution will, I am sure, be pleased to furnish you with a copy of the information?." " Perhaps your lordship would be good enough, then, in allow an adjournment until to-morrow, to enable me to lock into the charge and evidence?" "To-morrow, I'm afraid I cannot. I've a case specially lixe;l for to-morrow morn- i ing. that will take ill? d-.iy. Will the day after suit you. Mr Dalton?" '"Better still, if your lordship jiltas.es."' So the matter was settled.

Frank Dalton read the informations that night in his cosy chambers, with, a cigar between his teetii and a claret jug at his elbow. / Never was there a clearer case. The charge was the theft of a bag of uncut diamonds, value £6000, and the evidence seemed to bring the charge straight home, ■without chance of doubt or denial, to the prisoner. John Howard. The diamonds were sent to be cut and set at the. .great jewellery establishment of Mr Ophir, in New Bond Street. Mr- Ophir happened to be at the counter when the messenger came in, and the diamonds, in a rough chamois leather bag, were put down in front of him. | A sudden exclamation in the shop called jMr Opiir's attention off for a second, > smd in that second the bag of diamonds ! vanished' from view. j With, prompt presence of mind, he J shouted to^ have the doors closed — an order which, was instantly obeyed. Then he despatched an assistant through the back of the establishment for a "policeman. There were eight men in the shop at the closing 1 of the doors. One and all, they mii sisted' on being searched.. They were searched, thoroughly searched, but .nothing was discovered. At this stage suspicion began to centre on Howard. He had been seen in the shop. clos« to the counter on which the diamonds were laid. He had been seen, to darb from the shop just before it was closed, rush across the street and vanidi round a corner. To these facts there were half a dozen witnesses, whose testimony rendered doubt impossible. j Twenty minutes afterwards Howard had j strolled into the shop of an eminent diamond merchant, Mr Lamrack. half a mile away from the scene of the theft. Carrying the bag openly in his hand, he fhad asked o^e of the assistants if Mr Lamrack was in, and had been directed to the inner office, where Mr Lamrack was at the time. They were together in the office for some moments. Then, suddenly, the prisoner, with the bag still in his hands, bolted nut of the office, across the shop and out into the street. Mr Lamrack himself came out a moment afterwards and sent for a policeman. To these facts all his -three assistants | jjositively swore; 1 Mr Lami'ack deposed that the prisoner, whom he knew slightly by appearance and name, came into his office and inquired if •he would buy some rough diamonds. He asked to see them, and the prisoner opened the mouth of the bag very wide, keeping it still in his own hand. Witness was surprised at the- supsrb quality of the diamond's-. Even at a single glance lie could see they were worth more thau £5000. He asltud the prisoner where he procured .such prrcions .shines. Prisoner answered from a, ennsin in South Africa. He then risked the coufiVs name. Prisoner hesitated, and, . aft-M- a moment or two. said " Walker." j The prisoner's confusion confirmed the [ suspicion of witness. j "I'm afraid. Mr HowarT." 'lie said, "this '.is not quite (in the 'square.'" , "It's all right, Mr Lamrark," he stammered, " 'pon my sou!. it> all right." "That may be," witness answered, "and you <:a.'i make ymir explanations ti:. a po-]icem:in." I ' At that the pri;f«ner seemed much j alarmed, and offered llio bag nf daimnndf jto witness at bis own price. Fnr answer. witness stepped towards the dom- ; but the pr.isoner suddenly -sprang in front of him. caught him by the throat, and flung b,im . back in his chair and bolted. The police accompanied Mr La-irmck to the prisoner's lodgings. They found him there very much excited. He called Mr Lamrack a. liar and a swindler, but offered no explanations. Both the prisoner and his lodgings were thoroughly searched, but no trace of bag or. diamonds was discovered. Finally, it was

proved that the prisoner was in desperate :riGn«y straits. He bad dabbled on the Stock Exchange and lest his entire fortune. Dalton read the copy of the informations dlowly, scoring certain passages with red jencil as he read. Then he laid the papers iown, filled himsejf a bumper of claret, lit another cigar and lay back in his chair with half-closed eves to think. It seemed a clear case — horribly clear. The evidence, link by link, was strong and close as a cable. Yet Dayton was not convinced. He set the manner, face, and voice of the prisoner in the other scale against the evidence, and 'believed him innocent. The strange likeness to himself at once prejudiced him in the man's favour, arid made him eager, with an almost personal eagerness, to save him. He tried hard this "way and that to find a flaw in the evidence, tut found none. Wearied by the strain, his thoughts slipped from his control and began to wander. Where had he read a story like this? It came to him suddenly — "Sydney Carton, by Jove !" What's this he" did? He picked out "A Tale of Two Cities " from the long row _of Dickens on 'his bookshelf, and was speedily absorbed in the fascinating book — the one romantic, historical novel of the novelist of the middle classes. But. as he read, the case in which he was absorbed ran parallel with the pot of«the .story in his mind. He got himself strangely mixed up with Sydney Carton, and vague plans of rescue formed and dissolved in his excited imagination. The hours slipped by till the dainty Ormolu clock on the mantelpiece tinkled twelve times, and the dreamer woke up to the .sharp lawj-er at the sound. He closed the fascinating book with a bang. " This will never do," he thought ; "' I'm trying to make bricks without straw. I want the man's own story frcm his own lips. I'll see him to-morrow in prison. It's unprofessional, of course, and the big-wigs Avould shake their, heads at me, 'but I'll do it all the same. Till then, good-night to the case. I shall only get on the wrong track, and have to turnback. I'll wait till I have light to read the finger-post by. I won't give the case another thought until I see my second self in the gaol to-morrow morning."' He kept his word, and so brought a fresh, clear mind to the hearing of Howard's story. There had been no trouble in getting an order, to see him. But it gave Dalton a thrill of personal pain when he was shown into the narrow whitewashed 1 cell, where his double sat on a plain wooden chair by a plain wooden table, on which his onus »3)d face rcsfe:]. under the nnrvowbarred slit that apologised for n window. " I will lie back in an hour," the turnkey announced, in a hoarse whisper, and shut the door, behind him with a clang. Howard lifted a pale face at the sound. But it lit up with sudden joy, gratitude, and hope at the sight of his visitors " I felt sure you would come !" — he stretched out his hand hesitatingly, which Dalton dasped cordially- — " T had no rignt to think so, Inifc I did all the same."' "Our thoughts run in the same channels." said Dalton, kindly; "yew have noticed how like we are in appearance?" " Xo ; I cannot say I noticed. But your face, when F first saw you in Court, struck me as a friend's, and gave me hope when I was in despair." He said it very earnestly, and the tears were near his eyes, for he wa-s very weak. "This -won't do at all." Dalton said, speaking lightly, because lie felt deeply, as is a, man's way; "you shall pay me those pretty compliments when I have earned them. .Meanwhile. I want yr.ur story. It will save trouble if 1 tell you at the start that 1 knmv you arc innocent. Now, fire away !" There was no second chair in the room, so Dalton settled himself comfortably on the. bed. "Where shall ] begin?" "I'll question you. if you don't mind. You have icad t!ie informations?" Howard nodded. ' ''Well, which of the wil nesses are lying?" "Only one, Mr Lam rack, most damnably." " "I thought so "--he made a brief entry in lii>. inne-hook. " Xnw, what brought yc.u to Mr Oyihir's that day?" Howard coloured and hesitated. *

" Come !" Dalton urged, '" you must- be quite frank with me, you know, if 1 am to <lo any good." ■' ] will. You saw by the. informations that I had ruined myself. I was in a, hurry to he rich for en-tain reasons, with the result that I was left, hardly a penny in the world over my debts. Then I resolved that- I would start afresh in a. new country. T wanted a. few pounds. I had still a," handsome diamond ring;— a family nffair. I determined to — in fa<:t. to pawn ir. I had no notion of ihe value, so I ■went to Mr Ophir's shop to find out.' ? "Why did you bolt from the shop?"' " I thought I saw a friend across the street, a very old and dear friend, whom I had not. seen for many years. He. was walking very rapidly. When I managed to overtake him, two streets away, he turned out to be a perfect stranger. As 1 walked on I chanced to put my hand into my pocket. I found the bag in it with the cursed diamonds. I was much surprised, as you may imagine, but I guessed almost a i once that some thief hard nt«Ksed had put them there. I happened at -the moment, to be passing the shop of Mr Lamrack, whom I knew slightly. lil-luck tempted me to turn in to Jearn the value of this strange find and of my ring at the wme time. " Mr Lnmrack was startled when I showed him the contents of the bng. He got up and closed the door carefully. '"How did you come of.tham?' he risked. "T toici him. " ' T"ll give you £1000 for the lot.' " ' You don't understand.' I said, ' they're nor mine, they've been stolen.' '"Oh!" tie" replied, 'you didn't *1e».l them, there's not a scrap of danger. It ;«•■ not as if they were well-known stones that could be identified. I see! yrut don't think I bid enough. Well, say £1500 and be done with it. I'll write you a cheque here and now. It's not' every dry you pick up that amount in the street." " He stretched a trembling hand for the bag. but I held it tight. "• Mr Lamraiek !' I erifd. "If you are a thief and a. swindler I'm not,' '"Come! come!' ho said, curtly enough, though I could see he was riled, ' I know you are hard up ; £1500 is not to be *\espised'. I'll make it £1750 to a friend!' " I turned to go without answering a word. ' Stop,' he cried sharply. There was an ugly snarl in his voice and a look in his eyes Ji'ke a vicious dog that has lost a bone ' For your own sake, my fine fellow, you had best come to terms. My three assistants are ; n the shop outside. If you pass lhrvfc door with 'that bag I'll denounce you as a thief, and send for a policeman.' '•I saw in his face that" h& meant it. Ansev got the better of me for a moment. I caught him by the throat ar,d flung him back in his chair. Then, without taking time to think, I opened: the door and boiled from the shop." "Foolish, but natural!'' murmured Dalton. "When I got- to my lodgings I found thu g)r] to whom I was engaged to be married —Miss Summeiville — waiting lor me. It was for her rake I was in such a hurry lo j-tt rich. She is a vknt-ing governess, and I a civil engineer waiting for business that didn't come. I had a small pittance in v.iiv.i.'ro property, enough for one, which I hoped to make enough for two. iNellie is the dearest, sweetest-, truest . But I'm wearying you with these- details." "Go on." Dalton said kindly. "I want t> hear everything." I "She had come to tell me that she had £100 saved 1 th-ait we could start life again on. But she noticed :at- once how Hushed and excited I was. She questioned me, and I told her everything. When I showed her the bag of diamonds, she snatched it from my band with the sudden unreasoning impulse of a> woman. 'Oh! they must not find this here if they come,' she' cried, "I'll run and .hide it, ai© be back in half-an-hour." Before I oouldi answer a word she was gone. " While she was away they arrested me. You see now why I could answer no questions and offer no explanations. I co\tM not have poor Nell mixed up in the business."' He ceased speaking and looked appealingly at Dal ton, who sat for a full minute silent, too. wrapped in a brown study. "It's a very strange and improbable story," he said at last. •' Do you believe it?' There was a note of intense anxiety in Howard's voice. "Why. certainly, every word of it.*: B'H there is not a jury in the wide world who would believe a word of it." "Then there is no hope for me?" j "I do not ray that, and I don't mean that. (Jive me a 'minute or two, like a. decent fellow, to think. I have a- plan, in my head, and I want to get it into shape. This Nellie — Miss Summerrille, I meanhas she the diamonds stall?" " I'm. sure she has." "Are you sure she hasn't " Whatever the question was going to be, Dal ton glanced aside at Howard's face, broke it off in the middle and began a new one. "Do you think she would give them up to me — if you wrote a note to her, I mean ;" "I'm quite sure she would." " Write the note then. Here's paper a'*d pencil,'' he tors a leaf from his note-book. " Make it as strong and sweet as you like ; tell her I'm your counsel and friend, that I am convinced of your innocence, and I am to be completely trusted, if you tbi-ik s.D. Put in anything you like ; I won't look." " There, that will do ; now write her nr.cn e and address on the back, and I'm off. Good-bye, and keep your spirits up." "Won't, you tell me your plan?" Howard asked . "Not till I've tried it. If it fails I must try another. On his way across town. Dalton turned into a hairdresser's and bought an adjustable browm beard and moustache — he was very particular about the shade — also a box of powder and a- powder puff. " F«.r private theatricals," he explained, as he paid the account. "Yes. Miss Summerville was in," the servant said, "and would see him." and he was ushered into Miss Summervillc's neat little sitting-room on lbs ground floor I He had sent up his card with word that he had brought an important message "rum a friend. She was standing to receive him, very pale and quiet, with the blue eyes wide open, the arms straight down her sides, :he anuiH hand* clenched tight. Ac the tfrsr J«"k' he liked her — a. iruxiiv.jr. timid, gentle little woman, meant- to lip. petted and cared for, who was .stunned almost to Ihe verge uf madness by whsa had befallen. He closed the door behind him, ha if turned the key in the lock, so as to ibMruct tire key-hole, and then handed her the lott?r. "May T read it?" she asked. She sroki in the dull monotone of one half awake. "Why, certainly, it's meant for you." Slip read it slowly iwice over, and f.hert looked at Dalton again. "He says that you are his frifnd, that T can trust- you, "thfit. T am t<> give you the bag of diamonds." " That is so." She went U> her desk, and from one of the rfcesses-, where it lay quite openly, ,md without a-ny pretence uf concealment. tf>ok r.ut the leather bag and handed it to him, still without a word. "You have, not asked me. how ho is?" Palton said, gently, as hp look the Ing from her passive ringers, and secreted it in the inner breast pocket- of his coat. "I hope he is quite well," .she replied in the sanne dull monotone of a child that repeats v. lesson. Her faculties were benumbed by :'ue shock ; she had lost the consciousness of personal existence since her lover's imprisonment. The routine of her life ran as before -she ate and drank at the stated Mmes. and disclvirgecl her cur-tomary duties like a. machine ; she had been gentle as ever wirh her pupiK But several of her employers h:id remarked that .she seemcJ " a little out of sorts'" — and cute stout !;idy

had pl-nyfully clmffe-rl her about " being in love." Dalton saw at oreo the poor girl's mind was unhinged— sbe was trembling on the j brink of iirsaaity. He nm?i at any ::r.s: rou^e her. "I hope he will be able to see you tomorrow." he said quietly. She started and looked at. him blankly «-.t iirst. Tlien Interest and excitement slowly kindled in the depths of her blue eyes. "Nor. John?" she faltered out. "you don't mean that." She was trembling from. hea.d to foot. • • y es ..Jobn," he answered cheerily. "\vith God's help we'll save him yet. Read that note in your hand; you have not half read it. You see. he 'tells You that 1 am his counsel and his friend. I have a plan to save him, hut I want your help." "Mine! mine! Oh! it was my folly that ruined h.'.ni." WitbotK. a. moment's warning she flung herself <m. the ?ofa and her whole body was shaken -n-ifh a passion of weeping. Then Dalton knew the criws> was passed. Re let her weep on, waiting patiently t-i'l file straini subsided, nnd she was sobbing softly like a tired ch'lld. Then he is.it down beisid'e lifr <m the couch, an.l tank one cold, passive little hand in his own. For the fraction of a feeo-nd lie envied Howard in h ; s cell. "Listen, my cleur Miss Summerville." he said, gently, "your action saved him." Then h© 'told 'her hi? 1 plan. " Hut isn't it dangerous for you?" ."he asked . "Not in the least ; and if it were I should 1 try it all the same. His clothes aire still at his lodgings, I suppose. Uould we get at them?" "Thts landlady would do anything for him." "That's all right. Dry your eyes like a good, semihle girl, and get your things on ; "we will start at once." Late that night lucre was a knock at the door jof Mr Lam rack's subuiban residence. "Is Mr Lamrack at home?" — the voice was very pleasant, the voice of a gentleman. "He is in his study, rir ; very busy. Who sha-M I say wishes, to see hum?" " A gentleman', on. very important and profitable business." < The footman returned in a moment. "The master will see you, sir," he said, and he inhered* the stranger into a small rocrni' with a big safe in. the corner, and a small writing table in the centre, at which Mr Lamrack sat writing. " Well, sir, what may your very important bu?i-ness be?". said' Mr Lamrack, rising and facing the unknown, who had quietly put aside his coat arcd hat. The effect, wjvs as sudden as an electric ©hock. " You !"' he managed to pant out at last. "Right!" t'ho stranger replied, quite briskly and pleasantly. "But how d:d yi>u e?cape?" The words came faintly, with a !ong piiiise after each. "Excuse me, that's nor the question. I'm willing to let bygones be bygones if you are, and look 'only to the future." He took the bag of diamond's from bis pocket as he spoke. Mr Lamrack's witi? came back to him. "So you've got sense in your cell," he said 1 . " I'm hard pressed, acd have no choice," the unknown answered. "You will understand I want to get. out of the country as quickly as I can. I want money badly ; I'll take the £1750 you offered for the -diamonds." "No, you don't/' chuckled) Mr Lamrack. The unknown locked surprised. "But. you offered that before?" "And you refused' it before. Circumstances alter cases, my dear fellow. Do you forget I have only to give the word to have you hauled back to prison, diamonds and all?" "Do you forget you wouldn't make a farthing by that?" " I admit you have me there, that's why I am disposed 'to deal honourably with you as between, man and man. I'll "give you a thousand, not a stiver more." "I-supposel must lake it." ■"Don't say 'mint.' It's a ca*e of coaxing little dogs to eat mutton chops, I'm thinking. I will write a cheque in a jiffy." " No !" The monosyllable was quick, sharp and decisive. Mr Lamrack looked up, surprised. "1 must have gold or notes," tie unknown said decisively. "You think I'd stop the cheque. I woiildn'h for my own sake. Bub I cannot complain if you are ab t suspicious. You shall have your money in hard cash." He opened tie safe with a ponderous key which he rook horn his writing table, and counted 1 >tbe money out on the table. The unknown crammed 1 his pockets with the notes and gold, ani 'handed over the diamonds, which Mr Lamrack gloated over a moment before he pub them in the .safe drawer from which 'he had taken the money, j "Exchange is no robbery," he cried, gaily, ns he turned 1 the key in the massive door. "Now scoot! Sorry I can't offer you a drink. Good-bye, and good 1 luck." About midnight there was a.gain loud knocking at Mr Lanrack's door. This tim€it was the police. From information they received 1 , they went straight to Mr Lamrack's safe, in Mr Lamrack's study, and found the bag of stolen diamonds'. Mr Lamrack's statement that the prisoner Jciin Howard had escaped from prison, had called at his house and given him the diamond!? to restore to the owner, which he meant to do next meaning, was at once {•y> audacious 1 and absurd — John Howaid being all the time in gaol — that it enormously strengthened the pi-esumption of hi.s guilt." Next day, by the judge's direction, John Howard was acquitted and -c! is- charged, and Mr Lamrack formally committed for trial at the ensuing Assizes for receiving- stolen goodr* knowing them, to be >-tden. JY/.in Howard and' Nellie iSiunmerville dined with Dalton at the Savoy Restaurant the same evening. "Here's good' hi jk to you both en the o'i'her >ide of the Atlantic," lie .said, as he raided a brimming »ia.<-s of champagne to his lips. '"That, reminds m?, Howard," lie added, coolly, "I (have to:r.o money at my chambers for you." " Yes, for you — a thousand puuiul?." " Nonsense !" Howard said, "you ;ue chaffing. I would rxt dream of accepting a f.vv thing from you."' "This is not from me," Dahon answered, slowly, as if weighing his words. -i " Tin? money was given to mo for you by a very rich man. who took a deep interest in your ease, and was firmly ennvinced of your innocence. He did not wish his name known." " Ts this line?" Howard joked. " Every syHnb'e, upon my ?nul !" "And you think 1 ought to take the mon^y?" " I'm sure of it." "What a generous, noble-hearted man!" cried Howard. enih.u> - iast.icaHy. To this- IXilton mads no reply. But Nellie. Summerville, burying her face in her hands, fairly s-lrnnk with emotion.