Blackwood's Edinburgh Magazine, Volume 62, No. 382, August 1847

"Make room there in the passage! The lady has fainted," cried the macer.

I started to my feet, and was just in time to see Miss Percy conveyed from the court in an apparently inanimate state, by the Bailie and the agitated Strachan.

"Devilish fine-looking woman that!" observed the Advocate-Depute across the table. "Where did your friend Mr Strachan get hold of her?"

"I really don't know. I say—are you going to address the jury for the crown?"

"It is quite immaterial. The case is distinctly proved, and I presume you don't intend to speak?"

"I'm not so sure of that."

"Oh, well,—in that case I suppose I must say a word or two. This closes the evidence for the crown, my lord," and the Depute began to turn over his papers preparatory to a short harangue.

He had just commenced his speech, when I felt a hand laid upon my shoulder. I looked around: Strachan was behind me, pale and almost breathless with excitement.

"Fred—can I depend upon your friendship?"

"Of course you can. What's the row?"

"Have you ten pounds about you?"

"Yes—but what do you mean to do with them? Surely you are not going to make a blockhead of yourself by bolting?"

"No—no! give me the money—quick!"

"On your word of honour, Tom?"

"On my sacred word of honour!—That's a good fellow—thank you, Fred;" and Strachen pocketed the currency. "Now," said he, "I have just one other request to make."

"What's that?"

"Speak against time, there's a dear fellow! Spin out the case as long as you can, and don't let the jury retire for at least three quarters of an hour. I know you can do it better than any other man at the bar."

"Are you in earnest, Tom?"

"Most solemnly. My whole future happiness—nay, perhaps the life of a human being depends upon it."

"In that case I think I shall tip them an hour."

"Heaven reward you, Fred! I never can forget your kindness!"

"But where shall I see you afterwards?"

"At the hotel. Now, my dear boy, be sure that you pitch it in, and, if possible, get the judge to charge after you. Time's all that's wanted—adieu!" and Tom disappeared in a twinkling.

I had little leisure to turn over the meaning of this interview in my mind, for the address of my learned opponent was very short and pithy. He merely pointed out the clear facts, as substantiated by evidence, and brought home to the unhappy M'Wilkin; and concluded by demanding a verdict on both charges contained in the indictment against the prisoner.

"Do you wish to say any thing, sir?" said the judge to me, with a kind of tone which indicated his hope that I was going to say nothing. Doubtless his lordship thought that, as a very young counsel, I would take the hint; but he was considerably mistaken in his man. I came to the bar for practice—I went on the circuit with the solemn determination to speak in every case, however desperate; and it needed not the admonition of Strachan to make me carry my purpose into execution. What did I care about occupying the time of the court? His lordship was paid to listen, and could very well afford to hear the man who was pleading for M'Wilkin without a fee. I must say, however, that he looked somewhat disgusted when I rose.

A first appearance is a nervous thing, but there is nothing like going boldly at your subject. "Fiat experimentum in corpore vili," is a capital maxim in the Justiciary Court. The worse your case, the less chance you have to spoil it; and I never had a worse than M'Wilkin's.

I began by buttering the jury on their evident intelligence and the high functions they had to discharge, which of course were magnified to the skies. I then went slap-dash at the evidence; and, as I could say nothing in favour of my client, directed a tremendous battery of abuse and insinuation against his accuser.

"And who is this Gubbins, gentlemen, that you should believe this most incredible, most atrocious, and most clumsy apocrypha of his? I will tell you. He is an English butcher—a dealer in cattle and in bestial—one of those men who derive their whole subsistence from the profits realised by the sale of our native Scottish produce. This is the way in which our hills are depopulated, and our glens converted into solitudes. It is for him and his confederates—not for us—that our shepherds watch and toil, that our herds and flocks are reared, that the richness of the land is absorbed! And who speaks to the character of this Gubbins? You have heard the pointless remarks made by my learned friend upon the character of my unfortunate client; but he has not dared to adduce in this court one single witness in behalf of the character of his witness. Gentlemen, he durst not do it! Gubbins has deponed to you that he bought those sheep at the fair of Kelso, from a person of the name of Shiells, and that he paid the money for them. Where is the evidence of that? Where is Shiells to tell us whether he actually sold these sheep, or whether on the contrary they were not stolen from him? Has it been proved to you, gentlemen, that M'Wilkin is not a friend of Shiells—that he did not receive notice of the theft—that he did not pursue the robber, and, recognising the stolen property by their mark, seize them for the benefit of their owner? No such proof at least has been led upon the part of the crown, and in the absence of it, I ask you fearlessly, whether you can possibly violate your consciences by returning a verdict of guilty? Is it not possible—nay, is it not extremely probable, that Gubbins was the actual thief? Was it not his interest, far more than M'Wilkin's, to abstract those poor unhappy sheep, because it is avowedly his trade to fill the insatiable maw of the Southron? And in that case, who should be at the bar? Gubbins! Gubbins, I say, who this day has the unparalleled audacity to appear before an enlightened Scottish jury, and to give evidence which, in former times, might have led to the awful consequence of the execution of an innocent man! And this is what my learned friend calls evidence! Evidence to condemn a fellow-countryman, gentlemen? No—not to condemn a dog!"

Having thus summarily disposed of Gubbins, I turned my artillery against the attendant drover and the policeman. The first I indignantly denounced as either an accomplice or a tool: the second I smote more severely. Policemen are not popular in Hawick; and, knowing this, I contrived to blacken the Scottish Vidocq as a bloodhound.

But by far the finest flight of fancy in which I indulged was reserved for the peroration. I was not quite sure of the effect of my commentary on the evidence, and therefore thought it might be advisable to touch upon a national raw.

"And now, gentlemen," said I, "assuming for one moment that all my learned friend has said to you is true—that the sheep really belonged to this Gubbins, and were taken from him by M'Wilkin—let us calmly and deliberately consider how far such a proceeding can be construed into a crime. What has my unfortunate client done that he should be condemned by a jury of his countrymen? What he stands charged with is simply this—that he has prevented an Englishman from driving away the produce of our native hills. And is this a crime? It may be so, for aught I know, by statute; but sure I am, that in the intention, to which alone you must look, there lies a far deeper element of patriotism than of deliberate guilt. Think for one moment, gentlemen, of the annals of which we are so proud—of the ballads still chanted in the hall and in the hamlet—of the lonely graves and headstones that are scattered all along the surface of the southern muirs. Do not these annals tell us how the princes and the nobles of the land were wont to think it neither crime nor degradation to march with their retainers across the Borders, and to harry with fire and sword the fields of Northumberland and Durham? Randolph and the Bruce have done it, and yet no one dares to attach the stigma of dishonour to their names. Do not our ballads tell how at Lammas-tide,

'The doughty Earl of Douglas radeInto England to fetch a prey?'

And who shall venture to impeach the honour of the hero who fell upon the field of Otterbourne? Need I remind you of those who have died in their country's cause, and whose graves are still made the object of many a pious pilgrimage? Need I speak of Flodden, that woful place where the Flowers of the Forest were left lying in one ghastly heap around their king? Ah, gentlemen! have I touched you now? True, it was in the Olden time that these things were done and celebrated; but remember this, that society may change its place, states and empires may rise and be consolidated, but patriotism still lives enduring and undying as of yore! And who shall dare to say that patriotism was not the motive of M'Wilkin? Who shall presume to analyse or to blame the instinct which may have driven him to the deed? Call him not a felon—call him rather a poet; for over his kindling imagination fell the mighty shadow of the past. Old thoughts, old feelings, old impulses, were burning in his soul. He saw in Gubbins, not the grazier, but the lawless spoiler of his country; and he rose, as a Borderer should, to vindicate the honour of his race. He may have been mistaken in what he did, but the motive, at least, was pure. Honour it then, gentlemen, for it is the same motive which is at all times the best safeguard of a nation's independence; and do honour likewise to yourselves by pronouncing a unanimous verdict of acquittal in favour of the prisoner at the bar!"

By the time I had finished this harangue, I was wrought up to such a pitch of enthusiasm, that I really considered M'Wilkin in the light of an extremely ill-used individual, and the tears stood in my eyes as I recapitulated the history of his wrongs. Several of the jury, too, began to get extremely excited, and looked as fierce as falcons when I reminded them of the field of Flodden. But my hopes were considerably damped when I heard the charge of his lordship. With all respect for the eminent Senator who that day presided on the bench, I think he went rather too far when he designated my maiden-effort a rhapsody which could only be excused on account of the inexperience of the gentleman who uttered it. Passing from that unpleasant style of stricture, he went seriatim over all the crimes of M'Wilkin, and very distinctly indicated his opinion that a more consummate ruffian had seldom figured in the dock. When he concluded, however, there was a good deal of whispering in the jury-box, and at last the gentlemen of the assize requested permission to retire.

"That was a fine flare-up of yours, Freddy," said Anthony Whaup, the only other counsel for the prisoners upon the circuit. "You came it rather strong, though, in the national line. I don't think our venerable friend overhead half likes your ideas of international law."

"Why, yes—I confess he gave me a tolerable wigging. But what would you have me do? I must have said something."

"Oh, by Jove, you were perfectly right! I always make a point of speaking myself; and I can assure you that you did remarkably well. It was a novel view, but decidedly ingenious, and may lead to great results. If that fellow gets off, you may rely upon it there will be some bloodshed again upon the Border."

"And a jolly calendar, of course, for next circuit. I say, Authony,—how many cases have you got?"

"Two thefts with habit and repute, a hame-sucken, rather a good forgery, and an assault with intent to commit."

"Long?"

"Rather—but poor pay. I haven't sacked more than nine guineas altogether. Gad!" continued Anthony, stretching himself, "this is slow work. I'd rather by a great deal be rowing on the canal."

"Hush! here come the jury."

They entered, took their seats, and each man in succession answered to his name. I stole a glance at M'Wilkin. He looked as leonine as ever, and kept winking perseveringly to the Hawickers.

"Now, gentlemen," said the clerk of court, "what is your verdict?"

The foreman rose.

"The jury, by a majority, find the charges against the prisoner not proven."

"Hurrah!" shouted M'Wilkin, reckless of all authority. "Hurrah! I say—you counsellor in the wig—ye shanna want a sheep's head thae three years, if there's ane to be had on the Border!"

And in this way I gained my first acquittal.

CHAPTER III

I found Strachan in his room with his face buried in the bed-clothes. He was kicking his legs as though he suffered under a violent fit of the toothache.

"I say, Tom, what's the matter? Look up, man! Do you know I've got that scoundrel off?"

No answer.

"Tom, I say! Tom, you dunderhead—what do you mean by making an ass of yourself this way? Get up, for shame, and answer me!"

Poor Strachan raised his head from the coverlet. His eyes were absolutely pink, and his cheeks of the tint of a lemon.

"O Fred, Fred!" said he with a series of interjectional gasps. "I am the most unfortunate wretch in the universe. All the hopes I had formerly cherished are blighted at once in the bud! She is gone, my friend—gone away from me, and, alas! I fear for ever!

"The deuce she has! and how?"

"Oh what madness tempted me to lead her to the court?—what infatuation it was to expose those angelic features to the risk of recognition! Who that ever saw those dove-like eyes could forget them?"

"I have no objection to the eyes—they were really very passable. But who twigged her?"

"An emissary of her father's—that odious miscreant who was giving evidence at the trial."

"The policeman? Whew! Tom!—I don't like that."

"He was formerly the land-steward of the Viscount;—a callous, cruel wretch, who was more than suspected of having made away with his wife."

"And did he recognise her?"

"Dorothea says that she felt fascinated by the glitter of his cold gray eye. A shuddering sensation passed through her frame, just as the poor warbler of the woods quivers at the approach of the rattle-snake. A dark mist gathered before her sight, and she saw no more until she awoke to consciousness within my arms."

"Very pretty work, truly! And what then?"

"In great agitation, she told me that she durst tarry no longer here. She was certain that the officer would make it his business to track her, and communicate her hiding-place to her family; and she shook with horror when she thought of the odious Israelitish bridegroom. 'The caverns of the deep green sea—the high Tarpeian rock—the Lencadian cliff of Sappho,'—she said, 'all would be preferable to that! And yet, O Thomas, to think that we should have met so suddenly, and that to part for ever!' 'Pon my soul, Fred, I am the most miserable of created beings."

"Why, what on earth has become of her?"

"Gone—and I don't know whither. She would not even apprise the Bailie of her departure, lest she might leave some clue for discovery. She desired me to see him, to thank him, and to pay him for her,—all of which I promised to do. With one kiss—one deep, burning, agonised kiss, which I shall carry with me to my grave– she tore herself away, sprang into the postchaise, and in another moment was lost to me for ever!"

"And my ten pounds?" said I, in a tone of considerable emotion.

"Would you have had me think twice," asked Strachan indignantly, "before I tendered my assistance to a forlorn angel in distress, even though she possessed no deeper claims on my sympathy? I thought, Frederick, you had more chivalry in your nature. You need not be uneasy about that trifle;—I shall be in funds some time about Christmas."

"Humph! I thought it was a P.P. transaction, but no matter. And is this all the clue you have got to the future residence of the lady?"

"No,—she is to write me from the nearest post-town. You will see, Fred, when the letter arrives, how well worthy she is of my adoration."

I have found, by long experience, that it is no use remonstrating with a man who is head-over-ears in love. The tender passion affects us differently, according to our constitutions. One set of fellows, who are generally the pleasantest, seldom get beyond the length of flirtation. They are always at it, but constantly changing, and therefore manage to get through a tolerable catalogue of attachments before they are finally brought to book. Such men are quite able to take care of themselves, and require but little admonition. You no doubt hear them now and then abused for trifling with the affections of young women—as if the latter had themselves the slightest remorse in playing precisely the same game!—but in most cases such censure is undeserved, for they are quite as much in earnest as their neighbours, so long as the impulse lasts. The true explanation is, that they have survived their first passion, and that their faith is somewhat shaken in the boyish creed of the absolute perfectibility of woman. The great disappointment of life does not make them misanthropes—but it forces them to caution, and to a closer appreciation of character than is usually undertaken in the first instance. They have become, perhaps, more selfish—certainly more suspicious, and though often on the verge of a proposal, they never commit themselves without an extreme degree of deliberation.

Another set seem designed by nature to be the absolute victims of woman. Whenever they fall in love, they do it with an earnestness and an obstinacy which is actually appalling. The adored object of their affections can twine them round her finger, quarrel with them, cheat them, caricature them, or flirt with others, without the least risk of severing the triple cord of attachment. They become as tame as poodle-dogs, will submit patiently to any manner of cruelty or caprice, and in fact seem rather to be grateful for such treatment than otherwise. Clever women usually contrive to secure a captive of this kind. He is useful to them in a hundred ways, never interferes with their schemes, and, if the worst comes to the worst, they can always fall back upon him as a pis-aller.

My friend Tom Strachan belonged decidedly to this latter section. Mary Rivers, a remarkably clever and very showy girl, but as arrant a flirt as ever wore rosebud in her bosom, had engrossed the whole of his heart before he reached the reflecting age of twenty, and kept him for nearly five years in a state of uncomplaining bondage. Not that I believe she ever cared about him. Tom was as poor as a church-mouse, and had nothing on earth to look to except the fruits of his professional industry, which, judging from all appearances, would be a long time indeed in ripening. Mary was not the sort of person to put up with love in a cottage, even had Tom's circumstances been adequate to defray the rent of a tenement of that description: she had a vivid appreciation not only of the substantials, but of the higher luxuries of existence. But her vanity was flattered at having in her train at least one devoted dangler, whom she could play off, whenever opportunity required, against some more valuable admirer. Besides, Strachan was a man of family, tall, good-looking, and unquestionably clever in his way: he also danced the polka well, and was useful in the ball-room or the pic-nic. So Mary Rivers kept him on in a kind of blissful dream, just sunning him sufficiently with her smiles to make him believe that he was beloved, but never allowing matters to go so far as to lead to the report that they were engaged. Tom asked for nothing more. He was quite contented to indulge for years in a dream of future bliss, and wrote during the interval a great many more sonnets than summonses. Unfortunately sonnets don't pay well, so that his worldly affairs did not progress at any remarkable ratio. And he only awoke to a sense of his real situation, when Miss Rivers, having picked a quarrel with him one day in the Zoological Gardens, announced on the next to her friends that she had accepted the hand of a bilious East India merchant.

Tom made an awful row about it—grew as attenuated and brown as an eel—and garnished his conversation with several significant hints about suicide. He was, however, saved from that ghastly alternative by being drafted into a Rowing Club, who plied their gondolas daily on the Union Canal. Hard exercise, beer, and pulling had their usual sanatory effect, and Tom gradually recovered his health, if not his spirits.

It was at this very crisis that he fell in with this mysterious Miss Percy. There was an immense hole in his affections which required to be filled up; and, as nature abhors a vacuum, he plugged it with the image of Dorothea. The flight, therefore, of the fair levanter, after so brief an intercourse, was quite enough to upset him. He was in the situation of a man who is informed over-night that he has succeeded to a large fortune, and who gets a letter next morning explaining that it is a mere mistake. I was therefore not at all astonished either at his paroxysms or his credulity.

We had rather a dreary dinner that day. The judges always entertain the first day of circuit, and it is considered matter of etiquette that the counsel should attend. Sometimes these forensic feeds are pleasant enough; but on the present occasion there was a visible damp thrown over the spirits of the party. His lordship was evidently savage at the unforeseen escape of M'Wilkin, and looked upon me, as I thought, with somewhat of a prejudiced eye. Bailie Beeric and the other magistrates seemed uneasy at their unusual proximity to a personage who had the power of death and transportation, and therefore abstained from emitting the accustomed torrent of civic facetiousness. One of the sheriffs wanted to be off on a cruise, and another was unwell with the gout. The Depute Advocate was fagged; Whaup surly as a bear with a sore ear, on account of the tenuity of his fees; and Strachan, of course, in an extremely unconversational mood. So I had nothing for it but to eat and drink as plentifully as I could, and very thankful I was that the claret was tolerably sound.

We rose from table early. As I did not like to leave Tom to himself in his present state of mind, we adjourned to his room for the purpose of enjoying a cigar; and there, sure enough, upon the table lay the expected missive. Strachan dashed at it like a pike pouncing upon a parr; I lay down upon the sofa, lit my weed, and amused myself by watching his physiognomy.

"Dear suffering angel!" said Tom at last, with a sort of whimper, "Destiny has done its worst! We have parted, and the first fond dream of our love has vanished before the cold and dreary dawn of reality! O my friend—we were like the two birds in the Oriental fable, each doomed to traverse the world before we could encounter our mate—we met, and almost in the same hour the thunderbolt burst above us!"

"Yes—two very nice birds," said I. "But what does she say in the letter?"

"You may read it," replied Tom, and he handed me the epistle. It was rather a superior specimen of penmanship, and I don't choose to criticise the style. Its tenor was as follows:—

"I am hardly yet, my dear friend, capable of estimating the true extent of my emotions. Like the buoyant seaweed torn from its native bed among the submarine forest of the corals, I have been tossed from wave to wave, hurried onwards by a stream more resistless than that which sweeps through the Gulf of Labrador, and far—far away as yet is the wished-for haven of my rest. Hitherto my life has been a tissue of calamity and wo. Over my head since childhood, has stretched a dull and dreary canopy of clouds, shutting me out for ever from a glimpse of the blessed sun. Once, and but once only have I seen a chasm in that envious veil—only once and for a few, a very few moments, have I gazed upon the blue empyrean, and felt my heart expand and thrill to the glories of its liquid lustre. That once—oh, Mr Strachan, can I ever forget it?—that once comprises the era of the few hours which were the silent witnesses of our meeting!

"Am I weak in writing to you thus? Perhaps I am; but then, Thomas, I have never been taught to dissemble. Did I, however, think it probable that we should ever meet again—that I should hear from your lips a repetition of that language which now is chronicled in my soul—it may be that I would not have dared to risk an avowal so candid and so dear! As it is, it matters not. You have been my benefactor, my kind consoler—my friend. You have told me that you love; and in the fullness and native simplicity of my heart, I believe you. And if it be any satisfaction to you to know that your sentiments have been at least appreciated, believe that of all the pangs which the poor Dorothea has suffered, this last agony of parting has been incomparably the most severe.