Guilty, or not guilty? A tale

Front matter

GUILTY, OE NOT GUILTY? GUILTY, OR NOT GUILTY? A TALE CY MAJOR-GENEEAL W. G. HAMLEY LATE OF THE ROYAL ENGINEERS WILLIAM BLACKWOOD AND SONS EDINBURGH AND LONDON MDCCCLXXVIII All Rights reserved CONTENTS. CHAP. PAGE I. GOSSIP ABOUT THE CRIME, ... 1 II. BACK TO SCHOOL DAYS, . • ■ • i9 III. A RELIGIOUS REVIVAL THE DAWN OF LOVE, 50 IV. NED ROBERTS'S COURTSHIP, ... 83 V. HOW HE KEPT HIS WORD, . . ■ .103 VI. A FRIEND IN NEED, . . ■ ■ .118 VII. A PUBLIC DINNER — DISAPPOINTMENT, . . 132 VIII. SUNSHINE AND SHADE, . • • .148 IX. PATTY'S MARRIED LIFE, . 168 1 8Q X. THE CRIME, Of)9 XI. ITS CONSEQUENCES, 223 XII. THE TRIAL, . <*38 XIII. FOR LIFE OR DEATH, GUILTY, OE NOT GUILTY?

Chapter I. Gossip

about the crime. It was a hot, sultry evening in August. The sun had not set, but was sending his beams from a point near the horizon, so that the shadow of a cottage, which stood on a slight eminence and in a garden, was a long caricature which dashed obliquely across its own modest premises, jumped clean and sharp over the fence, and trespassed without hesitation on the property of a neighbour. The few tall shrubs, and all the flower-stalks in the well-kept garden, extended their shades in the same direction, but did not show pride in the achievement — rather, they drooped and seemed overcome. Indeed, they and the brownish grass on the plot indicated that A there might be too much of a good thing, and that, spite of their known liking for the sun, and dependence on him for their beauty, they were not altogether sorry to part with him for a season, and would not much mind if they should be deprived of his direct gaze through a wet day or two.

That might be their sentiment ; but human creatures, if they desire to witness sometimes " one cloudless blaze of living light," such as was then apparent, must put up with fainting roses and rusty grass. The cottage — although by favour of the formation of the ground it looked out upon only open country — was really but a short walk from the little town of Gritvale. Gritvale is a few miles from Sandyford — which, as all the world knows, is the chief town of Gravelshire. The man who was walking slowly towards the cottage seemed very sensible of the heat, for he carried his hat in his hand, and frequently wiped his brow. Possibly, too — although he would have been less apt to speak; of that than of the heat — the peaceful, bright evening affected him ; for he paused occasionally as he ascended the little hill on which the cottage stood, and surveyed by turns the parts of the panorama with complacency.

He had walked GOSSir ABOUT THE CRIME. 3 out from Gritvale, where he followed the calling of a shopkeeper. Nay; why should there be many words to introduce him ? — he was Mr Arom, the grocer, a person very well known in that place and neighbourhood, and he was going to visit the preacher of his fraternity, Mr Parkins, who lived in the pretty cottage. Mr Parkins looked through his open window when he heard the click of the little gate ; and, seeing his acquaintance approach, came out to meet him. " Mr Parkins ! how do you do, sir ? I am glad to find you at home. My mind misgave me you might be abroad somewhere ; and it's a hot eve to walk up here for nothing, ain't it ? " " Welcome, brother ! I am glad to see you, Mr Arom," responded Mr Parkins. " Yes ; I returned a short time since, and have been divesting myself of my walking garments — broadcloth is very trying in weather like this — and hoping to get a little cool before my evening meal.

You'll take a little re freshment with me, Brother Arom, I hope ? Well said ! Then let me conduct you to my favourite seat in the shadow of the house ; it's pleasanter than the parlour." No doubt the thin garment — hardly more than a loose jacket— which Mr Parkins had assumed, may have been very comfortable ; so, too, may have been the little skull-cap which he had stuck on the top of his head; but, if he fancied they were at all becoming, he was mistaken. When a man wears a long, severe, not to say sour, face, cuts his hair straight across his forehead, and is of a rather thick, ungainly make, he seems more fitly clad in a heavy skirted coat, with broad pocket-flaps, and a low hat with a rather extravagant brim, than in a jacket and cap. To be sure, Mr Parkins did not expect any one to see him except his cheerful, well favoured wife, and so perhaps it is hardly fair to take advantage of Mr Arom's visit, and to criticise this nigligi get-up.

" Dear me, the warmth is something shocking ! " observed Mr Arom, as he once more rubbed his brow ; " very trying to those as has to be fussing and working all day." " It is oppressive and exhausting, undoubtedly," answered his pastor; "but we must not think of our own little inconveniences from the warm wea ther, when it is so favourable to the harvest, which will benefit millions." "Ay," said Mr Arom, "the harvest, I am told, is uncommon good, and trade is not to say bad ; let us be thankful." They had by this time moved to the shady spot where Mr Parkins's supper-table stood, and where indeed Mr Parkins's helpmate stood also ; for Mrs Parkins had herself brought out her husband's meal, and was setting it in order. When she caught sight of her visitor she turned to greet him with a beaming look, and ready words of welcome.

" Mr Arom, is it ? Well ! I was fearing you were never coming to see us again. And you've walked up in all this heat too. How very kind ! Sit down and rest, sir. Mr Parkins is just going to take his supper, and you'll be good enough to join him, I'm sure. He doesn't often get a friend to talk with after his work is done, poor man." " Well, I don't know, ma'am ; I think Mr Parkins is to be envied for the companion he's most always got to talk with." Mr Arom was not given to pay ing compliments ; his remark was the natural effect of the lady's kind reception. " I ! " answered Mrs Parkins, with honest wonder. " He's soon had enough of my simple talk, and feels the want of somebody to discourse with him about matters far beyond me. I try to make him comfortable in his home, you know, but I'm no talker.

I'll go now for another plate and glass, and then " " Are we not to have the pleasure of your com pany at table, Mrs Parkins?" asked Mr Arom, when the lady returned with the one plate. " Nay ; I had my tea an hour and a half ago ; and I've things in plenty to see to in the house and in the garden. Take your seat, sir, and refresh your self after your walk. I shall pass on my way to and fro and see that you are properly cared for." " Oh yes, my wife will be with us now and again — won't you, Miriam ? " observed Mr Parkins, as he and his guest drew near to their unpretending repast. Mr Arom had not been unfortunate in the lot tery of marriage, but he let his thought run for a moment after the vanishing Mrs Parkins, wonder ing why it was that her address was always so pleasant. Many another person had remarked the same influence which set Mr Arom thinking.

It was scarcely beauty that Mrs Parkins possessed, but she had a kindliness of look and speech, and a grace of motion, also a melodious voice. Her prim dress and cap, which, as became the minister's wife, were rigorously in accord with the rules of their sect, did not seem in the least prejudicial, although they were certainly not designed for the purpose of heightening feminine attractions ; but perhaps if she had appeared in any other dress, it would have been thought just the right one for her. Outside of their own society, the minister's agreeable wife was a greater help to the minister than he quite knew of ; for the sect to which he minis tered, being considered censorious and aggressive, had many enemies. Yet, within the fold, although not an exception could be taken to her in the articles of frontlets, phylacteries, words, or deeds, it was the fashion to shake the head over her as not entirely regenerate, the probable reason of this being that she possessed in eminent degree a most excellent gift which they all professed to admire and to follow after.

Mr Parkins -asked a blessing on their meal, which consisted of only cheese and bread and butter, with a jug of light ale. It was not very sumptuous fare ; but modest as it was, there seemed to be with them a question of conscience about their right to enjoy it. At least Mr Arom appeared ? 8 to refer to some controverted point when he said — " After all, sir, a glass of ale does refresh one. I don't know hardly anything that so revives the strength after a day of harassing work, especially in warm weather." "No doubt it does refresh," answered his friend. " I know nothing else that supports in the same way. It is for that reason that I hesitate about rejecting God's good creature ; but I confess I am not quite clear about my duty in the matter." " As you rightly say, sir, it is God's good creature, His useful creature f and that being so, why should we deprive ourselves of the comfort of it ?

I don't know." " If we had only ourselves to think of, we should certainly not deny ourselves the use of a refreshing beverage. It is the thought of our weak brother that would restrain us. We must not lead him to offend." " Grant that it is wrong to use a thing because others may abuse it, and we shall have to give up more than our glass of ale, sir." " No doubt, no doubt, Mr Arom. It's a difficult question this total abstinence movement, that's what it is." "Think you that it's been intemperance that caused the sin of this wretched young man that has now confessed the deed for which another has suffered ? " "That unhappy youth, George Bateman! God forgive him ! It is hard to say whether he may have been in liquor at the time of committing the crime. He did drink latterly, at the time of his falling away, I know; but he seemed to me to drink rather out of defiance — just to show his determined choice of profaneness, you know; not because he had a natural failing that way.

He may have hardened himself to the deed with strong drink : I don't know." " George Bateman ! " put in the silvery voice of Mrs Parkins, who was passing ; " don't speak as if you beheve George guilty. His own confession does not weigh much with me. Oftentimes a poor creature has been led to make a confession of that kind from some extraordinary motive. I doubt if George is always right in his mind." "Miriam, we must remember that the young man's self-accusation was sufficiently colourable to induce the Secretary of State to send down a respite," observed Mr Parkins. " Which arrived too late to save the other poor soul. If he should have suffered wrongfully: but I can't believe it! God's ways are past finding out," answered his wife, softly, and with a gentle pressure of her palms together in front of her bosom, as she said the last words.

Then presently she passed on. "Your wife's words," said Mr Arom, "have touched the very place where I've been feeling tender ever since we heard of this extraordinary confession. My visit to you this evening was to speak of the possible perversion of justice. My brother at Sandyford, perhaps you don't know, was one of the jury that found poor Ned Roberts guilty. He's a sort of partner with me." " Oh, he was on the jury ? " " He was, sir ; and my mind misgives me that this discovery of Roberts's innocence may give him much trouble of conscience which will be a great affliction, and a detriment, too, now that trade promises to be brisk. He's an anxious man, is Henry." " I don't see that the jury have reason to re proach themselves, although, no doubt, this matter has had an untoward issue," said the preacher.

"The innocent blood, sir; the innocent blood," returned Mr Arom. " Consider : they were obliged to try the man : they gave a verdict according to the evidence : and, until we were startled by the arrival of the too tardy respite, and the few particulars of the con fession which have since transpired, nobody doubted the justice of the conviction." "It may yet prove to be all right as it now stands," said Mrs Parkins, coming up to them again. " Do you thiuk so ? " asked Mr Arom, who was much puzzled what to think. " Yes, surely ; what possible motive could George have for killing his uncle ? And the poor man who has suffered was found to be possessed of the very bank-notes which Mr Bateman is known to have had at the time when the deed was perpetrated." " Very true, ma'am ; but had Roberts a motive for such a deed ?

A wild, ungodly young man he was, it is true ; but not one likely, as we should have thought, to imbrue his hands in blood." " I trust I do not wrong the dead ; but there was a motive. The unfortunate man probably did not commit murder deliberately ; but he was wild, thoughtless, and wilful, every one says. We all know he could not have felt very kindly to Mr Bateman ; and that wicked letter to Mrs Bateman shows that he wanted money. He was seen near the spot where the body was found, on the night when the crime was committed. But then I know that he never would confess, even in the face of death ; and what was looked upon as hardness of heart may now be recognised as conscious inno cence. And if he is innocent, poor George — but I cannot believe that George is guilty." And Mrs Parkins walked away again.

"The deceased persistently refused to see any brother of our persuasion," remarked Mr Parkins, " or I might have been in a position to speak of his state of mind. The jail chaplain, I understand, was impressed by his protestation of innocence even before the other's confession, and thought he died penitent." " If he has died wrongfully 'tis a dreadful re flection for us all, and specially for the jury, that such a miscarriage of justice should have occurred. The Lord's ways are inscrutable." " In this case," answered Mr Parkins, " the dead man is more implicated than you may suppose, if I am rightly informed of the circumstances, and has much to answer for in regard to Mr and Mrs Bate man. I judge no man, but the will of God has not suffered this man to live ; and now that there is reason to believe him innocent of the crime for which he died, he is represented as very guilty in other respects.

Innocent blood, you said, Mr Arom. If the confession be true, and if some facts of his former history which are coming to light be true, he was heartless and cruel, though perhaps not a criminal in the eye of the law." " Indeed, sir ! I should like to mention to Henry what you say. It might ease his mind aud leave him more free to attend to spiritual concerns, as well as clear his head for his earthly business." " At present I am not certain of my facts, and I should prefer your not mentioning what I have said. But I shall be better informed shortly. George Bateman, now that his heart is once more touched, does not avoid our brethren, if the unhappy Roberts did. Indeed I have reason to believe that it was a brother's words, prompted and strengthened from above, which produced George's confession.

Sharper than a two-edged sword, brother Arom, was the faithful word which pierced and persuaded that guilty heart. In a few days, perhaps, I may give you well-authenticated particulars." " 'Tis an odd thing, and I don't know what you'll say to my mentioning of it, brother Parkins, but since I heard of George Baseman's jeopardy, I can't help thinking now and again of that old story of the curse that was upon the Batemans' house. You've heard of it, probably?" " I have heard some idle tale such as one hears in plenty in villages and small towns. But I think it wiser not to open the mind to superstitious vani ties. These things are found generally to have no foundation at all, and when they come to be sifted, they lose even that element of wonder which caused them to be received and circulated."

Mrs Parkins came by again as Mr Arom was about to reply, and she paused and listened to him. " The element of wonder has got more into this story the longer it has lasted, instead of being took out of it. I don't mind when it began, but I've heard my father tell of it, and when he told it, mind you, there was nothing to make it very remarkable. Time alone could show whether it was worth notice or not ; and time did show some uncommon curious things, though I confess I didn't much remark them till George, who seems the last of the family, stood in this peril." " Suppose we grant that the curse, or prophecy, or whatever it was, originated before the event was known, that doesn't show that it was entitled to any respect. Some idle fancy, probably," put in Mr Parkins. " Perhaps so, sir ; perhaps so," answered Mr Arom.

"I just wanted to hear what opinion you give about it. But it is odd. George's great-grandfather it was that came back from India, and either he himself told, or somebody told for him, how he had got a great plunder somewhere in the East, and an old woman from whose family he took it cursed him and told him that he should not die peaceably in his bed, and that every one of his descendants should come to an untimely end until the race was extinct." " And poor George, you say, is the last of them," observed Mrs Parkins. " George is the last, and George is the only one tbat has not died according to the prediction. The old Indian — the Nabob, as my father used to nick name him — got crazy, used to walk up and down the house with a drawn sword on his shoulder, and put everybody about him in bodily fear.

He went madder and madder, and at last destroyed himself with a razor. I myself mind when his only son was killed in battle : I saw the two lads, George's father, and the dear, good man that was murdered last spring, in their black clothes, and heard everybody pitying them. 'Twasn't many years before George was left an orphan by his father's death in the hunting-field. All this happened before you came to these parts, Mr Parkins ; but you know how poor Mr Bateman of Hillside lost his life : and now, if George should come to a bad end and finish his line, it will be hard to make people believe that the curse was all stuff and nonsense." " George is not dead yet," answered Mrs Parkins, " and we may still hope that this confession is the effect of mental excitement." " If Roberts didn't do the deed, anybody may have done it," said Mr Arom.

" According to the evidence on the trial, George is no more connected with it than any other person in Gritvale. I can't think how he could be. No man could be kinder to his own son than Mr Bateman was to George. He paid for his education when he could scarce afford to do so ; and in spite of the boy's bad behaviour in later days, I have reason to know that Mr Bate man grieved over his follies, and continued always in his heart tender and loving towards him. Ay, there's many an unfortunate person in Gritvale that lost a good friend when that excellent man was put to death. He was a'most the only man I ever knowed that didn't seem to have an enemy nowhere." Then they talked about the religious and moral character of Gritvale, and of the vast improvement in it since their persuasion had made so many converts and grown so strong.

Being early people, they had not a long evening to dispose of, and they were startled by hearing the clock strike ten while they were still in the full enjoyment of their chat. Hereupon Mr Arom took his leave, and returned home, pondering as he went whether the real mur derer might not have been hanged after all (for some how he inclined to Mrs Parkins's view rather than to that of her husband) — in which case his brother's peace of mind would remain undisturbed. The Parkinses, with the assistance of their one hand maiden, carried in their table and supper-ware, and made the few fastenings that were to secure their cottage for the night ; then as the servant went forward to prepare the table for evening worship, B Mrs Parkins, in the passage, took hold of her husband's hands, and looking up into his solemn face, which was still surmounted by the shallow skull-cap, said — " Let us not omit a prayer for George Bateman in his trouble, whatever it may be."

" Ahem, yes ; we will pray for him certainly," answered Mr Parkins. The evening on which were spoken or acted the sayings and doings above recorded, belonged to the fourth decade of the present century. Mr Parkins fulfilled his promise by giving his brother Arom a careful written account of what had come to hght concerning the murder and subsequent execution, which so exercised the minds of all Gravelshire that summer of 183-. But the narrative which here follows has been obtained from a surer source than that of Mr Parkins (which has nevertheless been consulted) ; and the testimony of people still living in Gravelshire, old letters, and old newspapers, have supplied information which now links the whole into the form in which it is presented.

Chapter II. Back To School Days

Gritvale appears to have been a place of some importance, for it once had a priory, and it still had at the date of this narrative a grammar school, moderately endowed. This school was a greater advantage than the majority of the neighbours were aware of. It was inexpensive, and, of course, not exclusive ; but the governors had been faithful in managing their trust, and had generally selected competent masters. At this time the head-master was a very able man ; but because some wealthy people in the neighbourhood preferred — and per haps judiciously preferred — to send their sons to a public school, now that communication was becoming easy all over tbe country, other people, who might well have been contented with the education their own town could furnish, thought it necessary to send their sons away — generally to worse schools at a greater expense.

It happened thus that the glory had to some extent departed from the Gritvale school. Nevertheless it still presented a goodly show of boys, for there were some inhabitants who could not even pretend that home edu cation was not good enough for them, and whose limited means would have placed them at a great disadvantage in this respect, had it not been for the old endowment. Among the boys who would have found it difficult to obtain equal, or indeed any education from home, were three who must be noted. One of them was the Roberts whose exe cution on conviction of murder had created, as has been seen, some interest in Gravelshire ; another was George Bateman, the nephew of the murdered man, whose self-accusation of being the murderer had raised that interest to a very high pitch ; and a third was Frank Lemon, here mentioned for the first time in this history.

Of course we are now going back a little in time — going back, indeed, some years from the date of the murder. Frank Lemon was a year or two older than either of the other two boys who have been named. He was one of the biggest boys in the school, and not a favourite. There was a reserve about him which raised a kind of mystery among the boys, the younger of whom, half in admiration, half in fear, used to talk about acts of disobedience and deprav ity which Lemon was reported to commit, without vaunt or display, as if he loved the wickedness for its own sake. If he had shown a pride in his deeds, or sought companionship therein, the feeling would have been quite different ; but boys can't under stand a rebel or a culprit keeping his delinquency all to himself. Your solitary transgressor insults the generous instincts of possible accomplices; and as has been said, when anything to Lemon's discredit was known or suspected, the boys spoke about it with fear and perplexity.

As an instance of his disregard of orders, and of the bad example which he would set to the school in this respect, the following anecdote will serve. The boys had been strictly forbidden ever to speak to trampers or strolling people, and this prohibition was specially stringent in regard to a lane at the back of the play - ground, by which persons of distinction who were disposed to enter or leave the town without attracting particular notice sometimes proceeded to or from Gritvale. One day the school had been greatly delighted by the performance of Punch, which had been given in a front street, in an entirely regular manner as regarded school discipline. After it was over, the lads moved off to the play-ground, acting over, with more or less power, portions of the tragedy which they had been witnessing, the greater part of them impressed by the pathetic denouement less than by that telling retort which the chief character makes upon the official who says, " Shillebelah."

Stronger boys who could lay hold of any kind of stick, held the same between their arms & la Punch, and tried their histrionic talents on the heads of weaker ones. There was, however, one young gentleman who imi tated the noise made by the devil in the last awful scene, and who attempted to carry off neatly a com rade, whom he let drop with a thud, and who cried loudly notwithstanding his escape from the pit. In dramatic imitations such as these they made their way to the neighbourhood of the lane, where they had not long diverted themselves, or afflicted their schoolmates, when there came by nothing less than the Funch theatre itself — not, however, in its glory as they had lately seen it, but without its pride, pomp, and circumstance, and in travelling order. They could not, of course, forbear to look at great ness en deshabille, but they were generally very obedient to the master's orders ; so they glanced at the two men, him who had the boxes slung on his back, and him who bore the theatre, and also at each other, knowing that they were within the influence of temptation.

While the greater part thus posed consciously, Frank Lemon vaulted over the fence and down into the lane, confronting the bearer of the theatre, who thereupon set it down (or set it up — which?), and the boys looked at it, not as before, veluti in speculum, but eyeing it through and through, for its drapery was turned up, and its reflecting power gone. " I say," said Lemon to this man, " I want to have one of those squeaking things." "Oh, ye does, does yer? — veil?" answered the man. " Yes, I do : of course I mean to pay for it." " Oh, ye does, does yer 1 — veil ? " " Well, shall I have it ? " " Tends hon a many things." " Hang you, what will you take ? " " Hang you, vot vill yer give ? " " Ah, I see, this is humbug," said Lemon ; "now I think of it, I won't deal at all." " I thought you vos in redooced succumstances," answered the man.

Here there was a titter among the little boys, which was promptly suppressed by the bigger ones, who were anxious that the bargain should go on. The man, too, was probably willing to deal, for he assumed a less offensive tone for the moment, and said — " Look here, guvnor ; vot I meant to express vos, that I'm hopen to a hoffer ; vot's the figure ? " " If you'll give me the footer, and teach me how to use it, I don't mind letting you have an old pair of trousers ! " "Vithout legs or seat, I s'pose. I shouldn't think, young feller, that your left-off uns vos hob jects of werry hearnest haspirations to hanny vun." "They might, of course, feel odd on the limbs of a vagabond who had always gone in tatters," answered Lemon, glancing at the tramp's disinte grated apparel; "but they're worth a good deal more than your trumpery squeaker."