Nevermore

'Now, Miss Tiger-cat,' said this modern presentment of Nemesis, 'you know pretty well where the horse you were riding came from, and where the one you were leading ate his corn a week ago. I must take them with me, but you can have your side-saddle. Whether you're brought into this racket depends on yourself, you understand me.' And with a meaning glance the sergeant turned to his men. 'One of you take the prisoners to the lock-up. Shoot either of them if they try to run. The other take these three horses and secure them at the camp stable. I'll remain here till you come back to watch these horses in the yard.'

The little procession moved on. The fettered prisoners – now linked together – the three led horses. The number was swelled by dozens of idle or curious spectators to nearly a hundred before they reached the temporary but massive wooden building which did duty as a gaol; and therein, for the first time in his life, Lance heard a prison key turned, and a prison bolt shot, upon – himself.

Words are vain things, after all. Who can essay to describe – be it ever so faintly traced – the mingled shame and surprise – the agony and the sorrow – the wrath and despair of the man unjustly imprisoned? Think of Lance Trevanion, young, gently nurtured, ignorant, save by hearsay, of crime or its punishment, suddenly captured, subjected to durance vile, in danger of yet infinitely greater shame and more lasting disgrace. Haughty and untamed – so far removed by race and tradition from the meaner crimes from which the lower human tribes have for ages suffered, it was as if one of the legendary demon-lovers of the daughters of men had been ensnared and chained. Ceaselessly did Lance Trevanion rave and fret on that never-to-be-forgotten night. The dawn found him pale and determined, with set face and drawn lips. Every vestige of youth seemed to have vanished. Years might have rolled on. A careless youth might have been succeeded by the mordant cares of middle age. So changed was every facial line – so fixed the expression which implied settled resentment of an outrage – even more, the thirst for revenge!

When he became – after hours of half-delirious raving – sufficiently calm to reflect upon and realise his position, nothing could be clearer than the explanation. Scales seemed, metaphorically, to have fallen from his eyes. How blind! How imbecile had he been, thus to walk into the trap with his eyes open! This, of course, was what the girl Tessie had meant when with such disproportionate earnestness she had warned him not to go on this ill-fated journey. She knew what Ned Lawless's past had been, what any 'business' of his was likely to be; and Kate – double-dyed hypocrite and false-tongued jade that she was – how she had lured him to his doom. Perhaps not exactly that, for, of course, his utter ignorance of their villainy would appear on the trial, if it went so far, and as to buying a stolen horse it was next to impossible to avoid that – numbers of people he knew had done so; and then, what motive could she have for enticing him to Balooka, when she must have known the tremendous risk to which she was exposing him? She, surely, had no reason to wish to injure him? Surely, surely, not after her words, her looks, her changes of voice and expression, all of which he knew so well! But throughout, and above and below all his thoughts, imaginings, and wonderings, came with recurring and regulated distinctness – What a fool I have been, what a fool, what a thrice-sodden idiot and lunatic! Now he knew what the friendly warning of Hastings meant. Now he understood Mrs. Polwarth's dislike and Jack's blunt disapproval of that intimacy.

It was easily explained. He had had to buy his experience. He had paid dearly for going to that school. And who were, proverbially, the people who would learn at no other? Fools, fools, again fools!

The day had passed without his touching the simple food which had been placed before him. At sundown the constable who came to see that his prisoner was all right for the night, pitying his evident misery, and accepting the non-absorption of food and drink as an incontestable proof of first offence, tried to persuade him to 'take it easy,' as he expressed it.

'You've never been shopped before, that's seen. Well, it's happened to many a good man, and will again. Don't go back on your tucker. You've a long ride before you. We shall start back for Ballarat to-morrow. If you get clear, you're all the better for not losing heart. If you don't, it won't matter one way or the other.'

Lance nodded his head. Speech – to talk as he did when he was that other man, the man who was a gentleman, free, proud, stainless, who never needed to lower his eyes or doff his hat to any living being – to him now speech was impossible.

The policeman looked at him, turned again, and shook his head and walked out, locking and bolting the door mechanically.

'Dashed if I can make out that case,' said the trooper to himself. 'Dayrell knows why he arrested that young fellow, I don't. Any child can see he didn't stand in with that crowd. They've had him soft, selling him a cross horse as any man might have knowed was too good for them to own on the square; but if he gives up the horse they can't touch him, I should think. He floored Dayrell though, and that'll go agin him. The sergeant can make it pretty hot for them as he don't fancy.'

Early next morning, half an hour after a pannikin of tea and a plate of meat surmounted by a large wedge of bread had been placed in his cell, Lance Trevanion was taken out and placed upon a horse. He was helped into the saddle, the feat of mounting in handcuffs being rather a difficult one to the inexperienced captive, as any gentleman may discover by tying his hands together and making the attempt. He was permitted to hold the reins by means of a knot at the end, and, with some limitation, to direct the animal's course. But a leading-rein was buckled to the snaffle, by which a mounted trooper led his horse. Ned Lawless, also handcuffed, was similarly accommodated. One trooper rode ahead, one behind. Neither of the prisoners' horses were such that if they had got loose and essayed to escape, would have had much chance by reason of superior speed. They were leg-weary screws, and were, indeed, nearly due for superannuation, the goal of which would be reached when they had carried (and risked the lives of) a few dozen more prisoners. Dayrell remained behind at Balooka. Possibly he had some reason for the delay, but if so he did not disclose it.

What a different return journey was this from the commencement of it, when Lance had set out so light of heart, so joyous of mood, his pockets full of money, his credit unlimited, all the world before him, as the ordinary phrase goes; able to pick and choose, as he supposed, among the world's pleasures and occupations, to select, to examine, to purchase, to refuse, at his pleasure. A good horse under him, the fresh forest breeze in each inhalation exhilarating every pulse as he rode at ease or at headlong speed through the winding forest track. A man, a gentleman, rich, successful, respected, more independent than a king and unlike him, free to come or to go at his own sovereign will and pleasure.

And now, how had a few short hours, a conspiracy, heedless imprudence, and malign fate changed and disfigured him. A prisoner fettered and confined, charged with a grave offence, at the mercy of a severe and unscrupulous officer whom he had been imprudent enough to defy and later on to resist, what might he not expect?

CHAPTER X

Long and deadly wearisome was the journey to Ballarat. Necessarily slow, it became insufferably tedious to impatient men who had been used to take counsel but of their own will and caprice. An early start, a late ending to the dragging day's journey, broken but by a short mid-day halt. Such was the order of Lance's return to Ballarat, until, on the fifth day, they saw once more in the distance the smoke of the thousand camp fires and heard the distant surge-like murmur of the army of the Mine.

Wearied and heart-sick, melancholy and furious by turns, Lance Trevanion almost commenced to doubt of his own identity. When they arrived at the camp he found himself led forward between two troopers and half conducted, half pushed into a cell, the clang of the bolt seeming to intensify the strange unreality of his position. The trooper informed him that his meal would be sent in directly; that he would have to make the best of it with the blankets doubled up for a bed in a corner of the cell until next day. Then he would be brought before the police magistrate, and either discharged or committed, as the case might be.

On the journey Lance had, after his first paroxysm of rage and disgust, abundant leisure to think over and over the facts and probable consequences of his position. He was apparently to be arraigned, if committed for trial, for having in his possession a stolen horse. But could they, could any one prove that he had 'guilty knowledge – that he knew of its being dishonestly come by'? Were not half the horses then sold in Ballarat supposed to be stolen, stolen from the 'Sydney side,' from South Australia, from all parts of Victoria indeed? He had never known any one tried on such a charge, and had, indeed, thought in his ignorance that laxity about the ownership of live stock was one of the customs of the country, rendered indeed almost inevitable from the absence of fencing or natural boundaries between the immense herds and flocks.

He had not, of course, the smallest suspicion that Pendragon, the horse he had so named in memory of the old Cornish legend, which he had bought from Ned Lawless at a high figure, was other than perfectly 'square,' as Ned would have phrased it. Had he known the truth he would have repudiated the purchase with scorn. But now, to be arrested and marched to gaol with as much formality as if he had taken a horse out of the stable of a neighbouring proprietor in Cornwall, or 'lifted' a flock of black-faced sheep, struck him as truly anomalous and absurd.

Next morning, after a night which came to an end in spite of his forlorn condition, he found himself making one of a large class of détenues who, for one offence or another, were to come up for judgment.

The ordinary charge-sheet of a goldfield is fairly filled as a rule, and at this particular period of the existence of Ballarat as a town a large proportion of criminals of all shades and classes had managed to make it their temporary home. Expirees from Tasmania, where the transportation system had only lately come to an end, had swelled the proportion of habitual criminals. These were daring and desperate men; an inexorable penal system had partially controlled, but failed altogether to reform them. So frequent had been the assaults upon life and property with which this class was credited, that an official of exceptional firmness and experience had been specially selected for the responsible post of police magistrate of Ballarat.

This gentleman, Mr. M'Alpine, generally familiarly and widely known as 'Launceston Mac,' was credited with using a short and trenchant way with criminals. Presumably a large proportion of his clientèle had been at some time or other before him in Tasmania. He had, it was conceded, a wonderful memory for faces, as also for 'accidents and offences.' It was asserted for him that he never met a man under penal circumstances that he could not recognise if encountered twenty years afterwards. It was only necessary in the case of doubtful identity to direct the attendant police to 'turn him round,' which formula was almost invariably followed by the remark, 'Seen you before, my man, on the other side, your name is so-and-so. Six months' imprisonment with hard labour.'

Doubtless in nineteen cases out of twenty the inference was correct, and the punishment just. But there was a probability that occasionally the worthy justice was mistaken. Among the hordes of criminals with which he had been officially connected, small wonder if an occasional lapse of memory took place, and then so much the worse for the accused.

But, as in all comprehensive schemes of legislative repression the individual suffers for the general advantage, so the occasional misdirections of justice, in that era of widespread license which might so easily degenerate into lawlessness, were but lightly regarded as incident to a period of martial law; and no one gainsaid the fact that the practised readiness, prompt decision, and stern resolve which Mr. M'Alpine brought to bear upon the thousands of cases were of priceless advantage to the body politic and all law-abiding citizens.

It was this Rhadamanthus, before whom so many an evil-doer trembled, that Lance Trevanion found himself compelled to confront. He knew him, of course, by fame and report, as who did not? – but had never met him, as it happened, personally. He did not doubt, however, but that a few words of explanation would suffice to set him free. It was therefore with a sense of awakening hope that he obeyed the summons to follow one of the constables to the court-house. This was a large but not imposing building, composed of weather-boards, rude, indeed, and deficient as to architectural proportions. However, it was a great improvement upon the large tent which did duty as a hall of justice in the primitive days of the gold outbreak.

Erect upon the bench, regarding the herd of prisoners, as one by one they came before him, with a stern countenance and searching glance, sat Mr. M'Alpine. His eyes had that fixed and penetrating expression generally acquired by men who have had long experience of criminals. His face seemed to say to such: 'I can identify you, if necessary – I know every thought of your vile heart – every deed of your ruffian life. Don't dare to think of deceiving me or it will be worse for you – plead guilty if you are wise, and don't insult the court by a defence!'

Long and so sombre had been Mr. M'Alpine's experiences of every kind of iniquity, of evasion, if not defiance of the law, that it is doubtful if he considered any person ever brought before him to be perfectly innocent. Certainly not, unless conclusively proved by competent witnesses. The onus probandi lay with the accused. It is asserted by outsiders that all police officials in time acquire a tinge of the hunter instinct, which impels them to pursue, and, if possible, run down every species of quarry once started, irrespective of guilt. But this, doubtless, is an invention of the enemy.

After the squad of 'drunks and disorderlies' had been dealt with, the names Launcelot Trevanion and Edward Lawless were called; 'the prisoners' were ordered to stand up.

A novel experience, truly, for the heir of Wychwood. The court was crowded. It had somehow leaked out that Trevanion, of Number Six, Growlers', had been 'run in' by Sergeant Dayrell for horse-stealing. The news had not yet got as far as the Gully proper – the time not having allowed. But every 'golden-hole man' was pretty well known on the 'field,' and Lance was a prominent personage, by repute, in the mining community.

'What the blazes has a chap like that any call to shake a horse for – that's what I want to know?' inquires a huge, blackbearded digger. 'Why, they say he's worth forty or fifty thousand, if he's worth a penny, and the claim washing-up better and better every week?'

'He never stole no moke,' returned his companion decisively, 'no more than you or me prigged the post-office clock, that's just been a-striking! He's a free-handed chap with his money, and that soft that he don't know a cross cove from a straight 'un. He's been had by Ned Lawless and his crowd. That's about the size of it.'

'They can't shop him for that, though,' said the first man, contemplatively filling his pipe. 'They say he was riding a crooked horse when he was took. Kate Lawless was with him on another. The yard was half-full of horses the Lawlesses had worked from hereabouts. It looked ugly, didn't it?'

'Looked ugly be blowed!' said his more logical and experienced friend. 'Things is getting pretty cronk if a chap can't ride alongside a pretty gal without wanting to see a receipt for the nag she's on! I believe it's a plant of that beggar Dayrell's. He wants a big case, and that poor young chap may have to suffer for it.'

'Dayrell wouldn't do a thing like that, surely,' exclaimed the first speaker in tones of amazement. 'Why, it's as bad as murder, I call it. What's to become of a swell chap like him, if he's lagged and sent to the hulks?'

'There's devilish few things as Dayrell wouldn't do, it's my opinion, if he thought he'd get a step by it,' replied his friend. 'But this cove's friends'll make a fight for it. They'll have law. They've got money, and so has he, of course. They'll have a lawyer from Melbourne.'

It did not appear at first as if there was much danger to be apprehended as far as Lance was concerned. Directly his case was called, he stood up and faced the Bench and the expectant crowd with a stern expression – half of defiance, half of contempt.

'May I say a few words in my own defence?' he commenced. 'I am certain that a short explanation would convince the Bench that any charge such as I am called upon to answer is ludicrous in the extreme.'

'We must first have the evidence of the apprehending constable,' said the police magistrate decisively, 'after which the Bench will hear anything you have to say.'

'But, your worship, I wish to speak a few words before.'

'After the evidence,' said the P.M. sternly. 'Swear Sergeant Dayrell.'

That official strode forward, stepping into the vertical pew which is placed for the apparent in-convenience of witnesses, by adding to their natural nervousness and trepidation the discomfort of a cramped wearisome posture. To him, at least, it made no difference. Cool and collected, he made his statement with practised ease and deliberation, as if reading an oft-recited passage out of a well-known volume, watching the pen of the clerk of the Bench, so as to permit that official to commit to writing correctly his oft-fateful words. They were as follows —

'My name is Francis Dayrell, senior-sergeant of police for the colony of Victoria, at present stationed at Growlers' Gully. I know the prisoners before the court. On Friday the 20th September last, from information received, I proceeded to a digging known as Balooka, situated in New South Wales, and distant about one hundred and seventy miles from Ballarat. I arrived on Monday evening the 23d, and proceeded to the camp of the prisoner Edward Lawless, whom I arrested by virtue of a warrant, which I produce. It is signed by a magistrate of the territory. In a yard close to the prisoner's camp I found a large number of horses, several of which I at once identified as being stolen from miners at Ballarat, or in the vicinity. Others appeared to have brands resembling those of squatters in the neighbourhood. The prisoner Lawless was unable to account for his possession of these, or to produce receipts. He was about to leave for Melbourne, I was informed, in order to sell the whole mob. I arrested him and his cousin Daniel, and charged him with stealing the horse named in the warrant. While he was in custody I observed the other prisoner, Launcelot Trevanion by name, riding towards the camp in company with a young woman. She was riding one horse, and leading another. When he came up I identified both the horse he was riding and that of his companion as stolen horses, both of which have been advertised in the Police Gazette. I produce the Gazette wherein the brand and description correspond. I charged the prisoner with receiving a certain bay horse branded H. J., well knowing him to be stolen, and arrested him. I then conveyed the prisoners to the gaol at Ballarat East, where I confined them.'

This evidence – which even Lance admitted to himself placed matters in a more unfavourable light than he could have supposed possible – being read over, Mr. M'Alpine said, 'Have you any question to ask the witness?'

'Yes, your worship,' answered Lance, bringing out the last two words with apparent difficulty.

'You are aware that I had the bay horse in my possession for some weeks at Growlers', and rode him openly there?'

'Yes, certainly.'

'Then why did you not arrest me there?'

'I had my reasons, one of which was that I had not received an answer from Mr. Jeffreys – the breeder of the horse.'

'Was that with reference to the hundred pound reward offered on conviction of any one proved to have stolen one of his horses?'

'No!'

'That reward did not actuate you in arresting me on a charge of which you must know that I am innocent, if you have watched my conduct at all?'

'I have watched your conduct, and know you to be an habitual associate of the Lawlesses, who, as a family, are known to be among the most clever horse and cattle stealers in New South Wales. I have known you to make a practice of gambling with them for large sums. It has been stated to me that you have lost as much as five hundred pounds to them at a sitting.'

'Did you not know that I had come straight from Ballarat when I rode up to the camp at Balooka?'

'I am not in a position to state where you came from. I saw you ride up with Kate Lawless, in whose company I have repeatedly seen you. On this occasion you and she were in possession of three horses – all stolen property – the one she rode, the one she led, and the horse you rode.'

'How could I know that the horse I bought from Ned Lawless was stolen? He did not know, I believe, or he would not have sold it to me, I am sure.'

'That you will have to explain to the court,' returned the sergeant, with pitying contempt.

'Good God! Did I look like a guilty man when you arrested me?' exclaimed Lance, in a tone which had an echo of despair as plank by plank he felt his defence foundering, as it were, at every cold and sinister answer of this relentless foe.

'You made a most violent resistance,' replied the sergeant calmly, 'of which my face still bears the mark. I don't know whether that is to be taken as a proof of your innocence.'

'I appeal to your worship,' exclaimed the unfortunate accused as a nameless terror stole over him – such as Quentin Durward may have experienced when Tristan L'Hermite and Petit André were about to attach him to the fatal tree – lest, ignorant of all legal forms, he should be tried and condemned before he had a chance of exculpation. 'I appeal to your worship to permit my case to be adjourned, in order that I may bring witnesses who can prove my innocence, and also that I may obtain legal assistance. Surely you cannot sit there and see an innocent man wrongfully condemned. Though a miner, I am a gentleman of good, indeed ancient family; an act such as I have been accused of is, therefore, impossible to me. For God's sake, permit me an adjournment!'

The magistrate's face was impassive. His nature was probably not less compassionate than that of other men. But long familiarity with crime, long official acquaintance with every variety of villainy, had indurated his feelings to such an extent that but little trust in human nature, as ordinarily displayed within the precincts of his court, had survived. No doubt this young fellow looked and spoke like an innocent man; but how many criminals had looked and spoken likewise? The wholesale stealing of miners' and squatters' horses – now worth from fifty to a hundred pounds each in the Melbourne market – had reached such a pitch that the miners had declared their intention to shoot or lynch any future 'horse thieves,' as the American miners called them, if justice was not done them by the Government. Mr. M'Alpine had this in his mind at the time, and, with all proper respect for the rules of evidence, had come fully to the conclusion that it was high time that an exemplary sentence should be passed upon the very next culprit caught 'red-handed'; he therefore made no reply to the passionate appeal of the unlucky prisoner.

'Read over the evidence,' he said, in a cold voice, to the clerk of the court.

That official with colourless accuracy read out Dayrell's damaging statement on oath, as well as Lance's questions thereupon, which, as generally happens to the accused who essays his own defence, had injured rather than aided his case.

'Do you wish to ask the witness any other question?' he inquired, in a tone which would have led a bystander to think that the process was a pleasant interchange of ideas between gentlemen, which any prisoner might enjoy.