Eugene Aram — Volume 05

Houseman was called upon. No one could regard his face without a certain mistrust and inward shudder. In men prone to cruelty, it has generally been remarked, that there is an animal expression strongly prevalent in the countenance. The murderer and the lustful man are often alike in the physical structure. The bull-throat—the thick lips—the receding forehead—the fierce restless eye—which some one or other says reminds you of the buffalo in the instant before he becomes dangerous, are the outward tokens of the natural animal unsoftened—unenlightened— unredeemed—consulting only the immediate desires of his nature, whatever be the passion (lust or revenge) to which they prompt. And this animal expression, the witness of his character, was especially wrought, if we may use the word, in House-man's rugged and harsh features; rendered, if possible, still more remarkable at that time by a mixture of sullenness and timidity. The conviction that his own life was saved, could not prevent remorse at his treachery in accusing his comrade—a sort of confused principle of which villains are the most susceptible, when every other honest sentiment has deserted them.

With a low, choked, and sometimes a faltering tone, Houseman deposed, that, in the night between the 7th and 8th of January 1744-5, sometime before 11 o'clock, he went to Aram's house—that they conversed on different matters—that he stayed there about an hour—that some three hours afterwards he passed, in company with Clarke, by Aram's house, and Aram was outside the door, as if he were about to return home—that Aram invited them both to come in—that they did so—that Clarke, who intended to leave the town before day-break, in order, it was acknowledged, to make secretly away with certain property in his possession, was about to quit the house, when Aram proposed to accompany him out of the town—that he (Aram) and Houseman then went forth with Clarke—that when they came into the field where St. Robert's Cave is, Aram and Clarke went into it, over the hedge, and when they came within six or eight yards off the Cave, he saw them quarrelling—that he saw Aram strike Clarke several times, upon which Clarke fell, and he never saw him rise again—that he saw no instrument Aram had, and knew not that he had any—that upon this, without any interposition or alarm, he left them and returned home—that the next morning he went to Aram's house, and asked what business he had with Clarke last night, and what he had done with him? Aram replied not to this question; but threatened him, if he spoke of his being in Clarke's company that night; vowing revenge either by himself or some other person if he mentioned any thing relating to the affair. This was the sum of Houseman's evidence.

A Mr. Beckwith was next called, who deposed that Aram's garden had been searched, owing to a vague suspicion that he might have been an accomplice in the frauds of Clarke—that some parts of clothing, and also some pieces of cambric which he had sold to Clarke a little while before, were found there.

The third witness was the watchman, Thomas Barnet, who deposed, that before midnight (it might be a little after eleven) he saw a person come out from Aram's house, who had a wide coat on, with the cape about his head, and seemed to shun him; whereupon he went up to him, and put by the cape of his great coat, and perceived it to be Richard Houseman. He contented himself with wishing him good night.

The officers who executed the warrant then gave their evidence as to the arrest, and dwelt on some expressions dropped by Aram before he arrived at Knaresbro', which, however, were felt to be wholly unimportant.

After this evidence there was a short pause;—and then a shiver, that recoil and tremor which men feel at any exposition of the relics of the dead, ran through the court; for the next witness was mute—it was the skull of the Deceased! On the left side there was a fracture, that from the nature of it seemed as it could only have been made by the stroke of some blunt instrument. The piece was broken, and could not be replaced but from within.

The surgeon, Mr. Locock, who produced it, gave it as his opinion that no such breach could proceed from natural decay—that it was not a recent fracture by the instrument with which it was dug up, but seemed to be of many years' standing.

This made the chief part of the evidence against Aram; the minor points we have omitted, and also such as, like that of Aram's hostess, would merely have repeated what the reader knew before.

And now closed the criminatory evidence—and now the prisoner was asked, in that peculiarly thrilling and awful question—What he had to say in his own behalf? Till now, Aram had not changed his posture or his countenance—his dark and piercing eye had for one instant fixed on each witness that appeared against him, and then dropped its gaze upon the ground. But at this moment a faint hectic flushed his cheek, and he seemed to gather and knit himself up for defence. He glanced round the court, as if to see what had been the impression created against him. His eye rested on the grey locks of Rowland Lester, who, looking down, had covered his face with his hands. But beside that venerable form was the still and marble face of Madeline; and even at that distance from him, Aram perceived how intent was the hush and suspense of her emotions. But when she caught his eye—that eye which even at such a moment beamed unutterable love, pity, regret for her—a wild, a convulsive smile of encouragement, of anticipated triumph, broke the repose of her colourless features, and suddenly dying away, left her lips apart, in that expression which the great masters of old, faithful to Nature, give alike to the struggle of hope and the pause of terror.

"My Lord," began Aram, in that remarkable defence still extant, and still considered as wholly unequalled from the lips of one defending his own, and such a, cause;—"My Lord, I know not whether it is of right, or through some indulgence of your Lordship, that I am allowed the liberty at this bar, and at this time, to attempt a defence; incapable and uninstructed as I am to speak. Since, while I see so many eyes upon me, so numerous and awful a concourse, fixed with attention, and filled with I know not what expectancy, I labour, not with guilt, my Lord, but with perplexity. For, having never seen a court but this, being wholly unacquainted with law, the customs of the bar, and all judiciary proceedings, I fear I shall be so little capable of speaking with propriety, that it might reasonably be expected to exceed my hope, should I be able to speak at all.

"I have heard, my Lord, the indictment read, wherein I find myself charged with the highest of human crimes. You will grant me then your patience, if I, single and unskilful, destitute of friends, and unassisted by counsel, attempt something perhaps like argument in my defence. What I have to say will be but short, and that brevity may be the best part of it.

"My Lord, the tenor of my life contradicts this indictment. Who can look back over what is known of my former years, and charge me with one vice— one offence? No! I concerted not schemes of fraud—projected no violence- -injured no man's property or person. My days were honestly laborious—my nights intensely studious. This egotism is not presumptuous—is not unreasonable. What man, after a temperate use of life, a series of thinking and acting regularly, without one single deviation from a sober and even tenor of conduct, ever plunged into the depth of crime precipitately, and at once? Mankind are not instantaneously corrupted. Villainy is always progressive. We decline from right—not suddenly, but step after step.

"If my life in general contradicts the indictment, my health at that time in particular contradicts it yet more. A little time before, I had been confined to my bed, I had suffered under a long and severe disorder. The distemper left me but slowly, and in part. So far from being well at the time I am charged with this fact, I never, to this day, perfectly recovered. Could a person in this condition execute violence against another?—I, feeble and valetudinary, with no inducement to engage—no ability to accomplish—no weapon wherewith to perpetrate such a fact;— without interest, without power, without motives, without means!

"My Lord, Clarke disappeared: true; but is that a proof of his death? The fallibility of all conclusions of such a sort, from such a circumstance, is too obvious to require instances. One instance is before you: this very castle affords it.

"In June 1757, William Thompson, amidst all the vigilance of this place, in open daylight, and double-ironed, made his escape; notwithstanding an immediate inquiry set on foot, notwithstanding all advertisements, all search, he was never seen or heard of since. If this man escaped unseen through all these difficulties, how easy for Clarke, whom no difficulties opposed. Yet what would be thought of a prosecution commenced against any one seen last with Thompson?

"These bones are discovered! Where? Of all places in the world, can we think of any one, except indeed the church-yard, where there is so great a certainty of finding human bones, as a hermitage? In times past, the hermitage was a place, not only of religious retirement, but of burial. And it has scarce, or never been heard of, but that every cell now known, contains, or contained these relics of humanity; some mutilated—some entire! Give me leave to remind your Lordship, that here sat SOLITARY SANCTITY, and here the hermit and the anchorite hoped that repose for their bones when dead, they here enjoyed when living. I glance over a few of the many evidences that these cells were used as repositories of the dead, and enumerate a few of the many caves similar in origin to St. Robert's, in which human bones have been found." Here the prisoner instanced, with remarkable felicity, several places, in which bones had been found, under circumstances, and in spots analogous to those in point. [Note: See his published defence.] And the reader, who will remember that it is the great principle of the law, that no man can be condemned for murder unless the body of the deceased be found, will perceive at once how important this point was to the prisoner's defence. After concluding his instances with two facts of skeletons found in fields in the vicinity of Knaresbro', he burst forth—"Is then the invention of those bones forgotten or industriously concealed, that the discovery of these in question may appear the more extraordinary? Extraordinary—yet how common an event! Every place conceals such remains. In fields—in hills—in high-way sides—on wastes—on commons, lie frequent and unsuspected bones. And mark,—no example perhaps occurs of more than one skeleton being found in one cell. Here you find but one, agreeable to the peculiarity of every known cell in Britain. Had two skeletons been discovered, then alone might the fact have seemed suspicious and uncommon. What! Have we forgotten how difficult, as in the case of Perkin Warbeck and Lambert Symnell, it has been sometimes to identify the living; and shall we now assign personality to bones—bones which may belong to either sex? How know you that this is even the skeleton of a man? But another skeleton was discovered by some labourer! Was not that skeleton averred to be Clarke's full as confidently as this?

"My Lord, my Lord—must some of the living be made answerable for all the bones that earth has concealed and chance exposed? The skull that has been produced, has been declared fractured. But who can surely tell whether it was the cause or the consequence of death. In May, 1732 the remains of William Lord Archbishop of this province were taken up by permission in their cathedral, the bones of the skull were found broken as these are. Yet he died by no violence! by no blow that could have caused that fracture. Let it be considered how easily the fracture on the skull produced is accounted for. At the dissolution of religious houses, the ravages of the times affected both the living and the dead. In search after imaginary treasures, coffins were broken, graves and vaults dug open, monuments ransacked, shrines demolished, Parliament itself was called in to restrain these violations. And now are the depredations, the iniquities of those times, to be visited on this? But here, above all, was a castle vigorously besieged; every spot around was the scene of a sally, a conflict, a flight, a pursuit. Where the slaughtered fell, there were they buried. What place is not burial earth in war? How many bones must still remain in the vicinity of that siege, for futurity to discover! Can you, then, with so many probable circumstances, choose the one least probable? Can you impute to the living what Zeal in its fury may have done; what Nature may have taken off and Piety interred, or what War alone may have destroyed, alone deposited?

"And now, glance over the circumstantial evidence, how weak, how frail! I almost scorn to allude to it. I will not condescend to dwell upon it. The witness of one man, arraigned himself! Is there no chance that to save his own life he might conspire against mine?—no chance that he might have committed this murder, if murder hath indeed been done? that conscience betrayed to his first exclamation? that craft suggested his throwing that guilt on me, to the knowledge of which he had unwittingly confessed? He declares that he saw me strike Clarke, that he saw him fall; yet he utters no cry, no reproof. He calls for no aid; he returns quietly home; he declares that he knows not what became of the body, yet he tells where the body is laid. He declares that he went straight home, and alone; yet the woman with whom I lodged declares that Houseman and I returned to my house in company together;—what evidence is this? and from whom does it come?—ask yourselves. As for the rest of the evidence, what does it amount to? The watchman sees Houseman leave my house at night. What more probable, but what less connected with the murder, real or supposed, of Clarke? Some pieces of clothing are found buried in my garden. But how can it be shewn that they belonged to Clarke? Who can swear to, who can prove any thing so vague? And if found there, even if belonging to Clarke, what proof that they were there deposited by me? How likely that the real criminal may in the dead of night have preferred any spot, rather than that round his own home, to conceal the evidence of his crime!

"How impotent such evidence as this! and how poor, how precarious, even the strongest of mere circumstantial evidence invariably is! Let it rise to probability, to the strongest degree of probability; it is but probability still. Recollect the case of the two Harrisons, recorded by Dr. Howell; both suffered on circumstantial evidence on account of the disappearance of a man, who, like Clarke, contracted debts, borrowed money, and went off unseen. And this man returned several years after their execution. Why remind you of Jaques du Moulin, in the reign of Charles the Second?—why of the unhappy Coleman, convicted, though afterwards found innocent, and whose children perished for want, because the world believed the father guilty? Why should I mention the perjury of Smith, who, admitted king's-evidence, screened himself by accusing Fainloth and Loveday of the murder of Dunn? the first was executed, the second was about to share the same fate, when the perjury of Smith was incontrovertibly proved.

"And now, my Lord, having endeavoured to shew that the whole of this charge is altogether repugnant to every part of my life; that it is inconsistent with my condition of health about that time; that no rational inference of the death of a person can be drawn from his disappearance; that hermitages were the constant repositories of the bones of the recluse; that the proofs of these are well authenticated; that the revolutions in religion, or the fortune of war, have mangled or buried the dead; that the strongest circumstantial evidence is often lamentably fallacious, that in my case, that evidence, so far from being strong, is weak, disconnected, contradictory; what remains? A conclusion, perhaps, no less reasonably than impatiently wished for. I, at last, after nearly a year's confinement, equal to either fortune, entrust myself to the candour, the justice, the humanity of your Lordship, and to yours, my countrymen, gentlemen of the jury."

The prisoner ceased: and the painful and choking sensations of sympathy, compassion, regret, admiration, all uniting, all mellowing into one fearful hope for his acquittal, made themselves felt through the crowded court.

In two persons only, an uneasy sentiment remained—a sentiment that the prisoner had not completed that which they would have asked from him. The one was Lester;—he had expected a more warm, a more earnest, though, perhaps, a less ingenious and artful defence. He had expected Aram to dwell far more on the improbable and contradictory evidence of Houseman, and above all, to have explained away, all that was still left unaccounted for in his acquaintance with Clarke (as we will still call the deceased), and the allegation that he had gone out with him on the fatal night of the disappearance of the latter. At every word of the prisoner's defence, he had waited almost breathlessly, in the hope that the next sentence would begin an explanation or a denial on this point: and when Aram ceased, a chill, a depression, a disappointment, remained vaguely on his mind. Yet so lightly and so haughtily had Aram approached and glanced over the immediate evidence of the witnesses against him, that his silence her might have been but the natural result of a disdain, that belonged essentially to his calm and proud character. The other person we referred to, and whom his defence had not impressed with a belief in its truth, equal to an admiration for its skill, was one far more important in deciding the prisoner's fate—it was the Judge!

But Madeline—Great God! how sanguine is a woman's heart, when the innocence, the fate of the one she loves is concerned!—a radiant flush broke over a face so colourless before; and with a joyous look, a kindled eye, a lofty brow, she turned to Ellinor, pressed her hand in silence, and once more gave up her whole soul to the dread procedure of the court.

The Judge now began.—It is greatly to be regretted, that we have no minute and detailed memorial of the trial, except only the prisoner's defence. The summing up of the Judge was considered at that time scarce less remarkable than the speech of the prisoner. He stated the evidence with peculiar care and at great length to the jury. He observed how the testimony of the other deponents confirmed that of Houseman; and then, touching on the contradictory parts of the latter, he made them understand, how natural, how inevitable was some such contradiction in a witness who had not only to give evidence against another, but to refrain from criminating himself. There could be no doubt but that Houseman was an accomplice in the crime; and all therefore that seemed improbable in his giving no alarm when the deed was done, was easily rendered natural, and reconcileable with the other parts of his evidence. Commenting then on the defence of the prisoner (who, as if disdaining to rely on aught save his own genius or his own innocence, had called no witnesses, as he had employed no counsel), and eulogizing its eloquence and art, till he destroyed their effect by guarding the jury against that impression which eloquence and art produce in defiance of simple fact, he contended that Aram had yet alleged nothing to invalidate the positive evidence against him.

I have often heard, from men accustomed to courts of law, that nothing is more marvellous, than the sudden change in a jury's mind, which the summing up of the Judge can produce; and in the present instance it was like magic. That fatal look of a common intelligence, of a common assent, was exchanged among the doomers of the prisoner's life and death as the Judge concluded.

They found the prisoner guilty.

The Judge drew on the black cap.

CHAPTER VI.

THE DEATH.—THE PRISON.—AN INTERVIEW.—ITS RESULT

                                 "Lay her i' the earth,                    And from her fair and unpolluted flesh                    May violets spring."                           . . . . . . . . . . .                    "See in my heart there was a kind of fighting                    That would not let me sleep."                                              —Hamlet.

"Bear with me a little longer," said Madeline. "I shall be well, quite well presently."

Ellinor let down the carriage window, to admit the air; and she took the occasion to tell the coachman to drive faster. There was that change in Madeline's voice which alarmed her.

"How noble was his look! you saw him smile!" continued Madeline, talking to herself: "And they will murder him after all. Let me see, this day week, ay, ere this day week we shall meet again."

"Faster; for God's sake, Ellinor, tell them to drive faster!" cried Lester, as he felt the form that leant on his bosom wax heavier and heavier. They sped on; the house was in sight; that lonely and cheerless house; not their sweet home at Grassdale, with the ivy round its porch, and the quiet church behind. The sun was setting slowly, and Ellinor drew the blind to shade the glare from her sister's eyes.

Madeline felt the kindness, and smiled. Ellinor wiped her eyes, and tried to smile again. The carriage stopped, and Madeline was lifted out; she stood, supported by her father and Ellinor, for a moment on the threshold. She looked on the golden sun, and the gentle earth, and the little motes dancing in the western ray—all was steeped in quiet, and full of the peace and tranquillity of the pastoral life! "No, no," she muttered, grasping her father's hand. "How is this? this is not his hand! Ah, no, no; I am not with him! Father," she added in a louder and deeper voice, rising from his breast, and standing alone and unaided. "Father, bury this little packet with me, they are his letters; do not break the seal, and—and tell him that I never felt how deeply I—I—loved him— till all—the world—had—deserted him!"—

She uttered a faint cry of pain, and fell at once to the ground; she lived a few hours longer, but never made speech or sign, or evinced token of life but its breath, which died at last gradually,—imperceptibly— away.

On the following evening Walter obtained entrance to Aram's cell: that morning the prisoner had seen Lester; that morning he had heard of Madeline's death. He had shed no tear; he had, in the affecting language of Scripture, "turned his face to the wall;" none had seen his emotions; yet Lester felt in that bitter interview, that his daughter was duly mourned.

He did not lift his eyes, when Walter was admitted, and the young man stood almost at his knee before he perceived him. He then looked up and they gazed on each other for a moment, but without speaking, till Walter said in a hollow voice: "Eugene Aram!"

"Ay!"

"Madeline Lester is no more."

"I have heard it! I am reconciled. Better now than later."

"Aram!" said Walter, in a tone trembling with emotion, and passionately clasping his hands, "I entreat, I implore you, at this awful time, if it be within your power, to lift from my heart a load that weighs it to the dust, that if left there, will make me through life a crushed and miserable man;—I implore you, in the name of common humanity, by your hopes of Heaven, to remove it! The time now has irrevocably passed when your denial or your confession could alter your doom; your days are numbered, there is no hope of reprieve; I implore you then, if you were led, I will not ask how or wherefore, to the execution of the crime for the charge of which you die, to say, to whisper to me but one word of confession, and I, the sole child of the murdered man, will forgive you from the bottom of my soul."

Walter paused, unable to proceed.

Aram's brow worked; he turned aside; he made no answer; his head dropped on his bosom, and his eyes were unmovedly fixed on the earth.