Complete works of hall c.., p.94
Complete Works of Hall Caine, page 94
Then followed John Proudfoot, the blacksmith; Tom o’ Dint, the postman; Giles Raisley, the pitman; Job Sheepshanks, the mason; and Tommy Lowthwaite, the landlord of the Flying Horse — all swearing to points of identity.
One recalled the fact that Paul Ritson had a scar on his head that was caused by the kick of a horse when he was a boy. The defendant had just such a scar.
Another remembered that Paul Ritson had a mark on the sole of his right foot which had been made by treading on a sharp piece of rock on Hindscarth. The defendant had exactly such a mark.
A third had wrestled with Paul Ritson, and knew that he had a mole beneath the left shoulder-blade on the back. The defendant had a mole in that unusual place.
Counsel for the defense smiled blandly at the special jury, the special jury smiled blandly at counsel for the defense. Was it really necessary that the defendant should be called? Surely it was a pity to occupy the time of the court. The whole case was in a nutshell — the lady had quarreled with her husband. State of affairs would be promptly gauged when it was explained that this action had been raised to anticipate a forthcoming suit in the divorce court for restitution of connubial rights.
The counsel for the plaintiff smiled also, and his was a weak smile of conscious defeat. He stammered a desire to withdraw — said he had been promised more conclusive evidence when he undertook the case, and sat down with an apologetic air.
There was a shuffle of feet in the court. Drayton had risen to receive the congratulations of his friends behind him and the cordial nods of some of the superior people who had been favored with seats at the right hand and left of the judge. He was answering in a loud tone, when there was a sudden lull of the buzz of gossip, and all eyes were directed toward one end of the table.
Hugh Ritson had risen from his seat, and with a face that was very pale, but as firm as a rock, he was engaged in a whispered conference with the plaintiff’s counsel. That gentleman’s eager face betrayed the keenest possible interest in what he heard. Presently he lifted his arm with an impatient gesture, and said:
“My lord, I have unexpectedly come into possession of new and most important evidence.”
“Of what nature?” asked the judge.
“If it is conceivable,” said counsel, “that in any question of personal identity the court will accept the evidence of all the tinkers and tailors, the riff-raff, the raggabash of the country-side, and reject that of the wife of the man whose estate is in question, perhaps it will be allowed that there are three persons who are essential to this examination — the brother of Paul Ritson, the defendant who claims to be Paul Ritson, and the convict who is suffering penal servitude in the name of Paul Drayton. I might name one other whose evidence might be yet more conclusive than that of any of these alone — the mother of Paul Ritson; but she is unhappily dead to the world.”
Drayton was still on his feet, riveted to the spot where he stood. Obtuse as he was, he saw at a glance what had occurred. In all his calculations this chance had never suggested itself — that Hugh Ritson would risk the personal danger to bring him down.
“Can you put these persons into the witness-box?”
“My lord, it is, I presume, within the liberties of the defendant to keep carefully out of that box, but the court will not refuse to hear the evidence of the two persons of whom I speak — the brother of Paul Ritson and the convict known as Paul Drayton.”
At this there was high commotion. Greta had leaned back in her chair, her bosom heaving, her face shadowed by lines of pain. Parson Christian stood behind her with a blank expression of bewilderment. Drayton’s brows were tightened and his lips were drawn hard.
“None of their criss-crossin’ for me,” he muttered.
“You can ask for a new trial,” said the judge.
“My lord, another case is pending, and on the issue in this case the other case must largely depend.”
“How far has the present one proceeded?”
“The defendant’s case is not yet completed.”
During this scene Hugh Ritson had stood quietly by the table. He remained there with complete self-possession while counsel proceeded to explain that four days ago, in anticipation of this action and of another that had been threatened, a statutory declaration had been made in the presence of the Home Secretary and the law officers of the Crown. The first result of that statement was that the convict Drayton was now present in the court-house ready to appear at this trial.
The judge signified his desire that the convict might be brought in and heard.
Hugh Ritson motioned to a tall man who stood near, and immediately afterward a door was thrown open and another man stepped into the court-room.
Every eye was fixed upon him. He wore a convict’s gray jacket, with the round badge marked “3. B 2001. P S,” and the broad arrow beneath. His face was pale and rigid; his large eyes glittered; he was in his full manhood, but his close-cropped hair was slightly tinged with gray. He pushed his way through the people, who fell back to let him pass. When he reached the table he tapped it impatiently with one of his hands, which were fettered, and threw up his head with a glance of defiance. His whole bearing was that of a strong man who believed that every man’s hand was against him, and who intended to let it be seen that his own hand was against every man’s.
Counsel rose again, and asked that the defendant’s witnesses might be recalled. This was done.
“John Proudfoot, Job Sheepshanks, Thomas Lowthwaite, Giles Raisley, look this way. Who is this man?”
There was a dead hush. Then, one by one, the men who had been named shook their heads. They did not know the convict. Indeed, he was terribly altered. The ordeal of the past two years had plowed strange lines in his face. At that moment he was less like himself than was the impostor who came there to personate him.
Hugh Ritson’s manner did not change. Only a slight curl of the lip betrayed his feelings.
Counsel continued, “Is there any one in court who recognizes him?”
Not a voice responded. All was silence.
“Will the defendant stand side by side with him?”
Drayton leaped up with a boisterous laugh, and swaggered his way to the opposite side of the table. As he approached, the convict looked at him keenly.
“Will Mrs. Ritson come forward again?”
Greta had already risen, and was holding Parson Christian’s hand with a nervous grip. She stepped apart, and going behind the two men, she came to a stand between them. On the one side stood Drayton, with a smirking face half turned toward the spectators; on the other stood the convict, his hands bound before him, his defiant glance softened to a look of tenderness, and his lips parted with the unuttered cry that was ready to burst from them.
“Greta,” said Hugh Ritson, in a low tone of indescribable pathos, “which of these men is your husband?”
Counsel repeated the question in form.
Greta had slowly raised her eyes from the ground until they reached the convict’s face. Then in an instant, in a flash of light, with the quick cry of a startled bird, she flung herself on his neck. Her fair head dropped on the frieze of the convict’s jacket, and her sobs were all that broke the silence.
Hugh Ritson’s emotion surged in his throat, but he stood quietly at the table. Only his slight figure swayed a little and his face quivered. His work was not yet done.
“This is the answer of nature,” he said quietly.
Hugh Ritson was put into the witness-box, and in a voice that was full and strong, and that penetrated every corner of the court, he identified the convict as his brother, Paul Ritson.
Counsel for the defense had seemed to be stunned. Recovering himself, he tried to smile, and said:
“After this melodramatic interlude, perhaps I may be allowed to ask our new witness a few questions. Did you, at the Central Criminal Court, held at the Old Bailey in 1875, swear that the person who stands here in the dress of a convict was not Paul Ritson?”
“I did.”
“Now for my second question. Did you also swear that the defendant was your brother, and therefore not Paul Drayton.”
“I did.”
“Then you were guilty of perjury at that time, or you are guilty of perjury now?”
“I was guilty of perjury then.”
The judge interposed and asked if the witness was awakened to the enormity of the crime to which he confessed. Hugh Ritson bent his head.
“Are you conscious that you are rendering yourself liable to penal servitude?”
“I have signed a declaration of my guilt.”
The answers were given in perfect calmness, but a vein of pathos ran through every word.
“Do you know that a few years back many a poor wretch whose crime was trifling compared with yours has gone from the dock to the gallows?”
“My guilt is unmitigated guilt. I make a voluntary statement. I am not here to appeal for mercy.”
There was the hush of awe in the court.
The face of the convict wore an expression of amazement.
Counsel smiled again.
“I presume you know that the effect of the law officers of the Crown, believing the story that you tell us now is that, if they do so, the man whom you call your brother will be put into possession of the estate of which your late father died seized?”
“He is entitled to it.”
Counsel turned to the jury with a smile.
“It is always necessary to find some standard by which to judge of human actions. The witness quarreled with the defendant four days ago, and this is his revenge. But I appeal to the court. Is this story credible? Is it not a palpable imposture?”
The judge again interposed.
“Men do not risk so much for a lie. The witness knows that when the court rises the sheriff may take him into custody.”
At this counsel rose again and asked the bench not to play into the hands of the witness by apprehending him.
“Let the convict be examined,” said the judge.
Paul Ritson raised his head; Greta sunk into a chair beneath him. He was not sworn.
The warder in charge put in an entry from the books of the prison. It ran: “Paul Drayton, five feet eleven inches, brown hair and eyes, aged thirty, licensed victualer, born in London, convicted of robbery at the scene of a railway accident.”
“Does that entry properly describe you?” asked the judge.
The convict’s eyes wandered.
“What’s going on?” he said, in a tone of bewilderment.
“Attend, my man. Are you Paul Ritson, the eldest son of the late Allan Ritson?”
“Why do you want to know?” said the convict.
“It befits a witness who is permitted to come from the scene of a degrading punishment to give a prompt and decisive answer. What is your name, sir?”
“Find it out.”
“My man,” said the judge, more suavely, “we sit here in the name of the law, and the law could wish to stand your friend.” (The convict laughed bitterly.) “Pray help us to a decision in the present perplexing case by a few frank answers. If you are Paul Drayton, you go back to Portland to complete the term of your imprisonment. If it can be proved that you are Paul Ritson, your case will be laid before the home officials, with the result that you will be liberated and re-established in your estate. First of all, which is your name — Paul Drayton or Paul Ritson?”
The convict did not answer at first. Then he said in a low tone:
“No law can re-establish me.”
The judge added:
“Bethink you, if you are Paul Ritson, and an innocent man, the law can restore you to your young wife.”
Visibly moved by this reference, the convict’s eyes wandered to where Greta sat beside him, and the tension of his gaze relaxed.
The judge began again:
“You have been recognized by two witnesses — one claiming to be your brother, the other to be your wife — as Paul Ritson. Are you that person?”
The convict’s face showed the agony he suffered. In a vague, uncertain, puzzled way he was thinking of the consequences of his answer. If he said he was Paul Ritson, it seemed to him that it must leak out that he was not the eldest legitimate son of his father. Then all the fabric of his mother’s honor would there and then tumble to the ground. He recalled his oath; could he pronounce six words and not violate it? No, not six syllables. How those mouthing gossips would glory to see a good name trailed in the dust!
“Are you Paul Ritson, the eldest son and heir of Allan Ritson?”
The convict looked again at Greta. She rose to her feet beside him. All her soul was in her face, and cried:
“Answer, answer!”
“I can not answer,” said the convict, in a loud, piercing voice.
At that terrible moment his strength seemed to leave him. He sunk backward into the chair from which Greta had risen.
She stood over him and put her hand tenderly on his head.
“Tell them it is true,” she pleaded, “tell them you are my husband; tell them so; oh, tell them, tell them!” she cried in a tone of piteous supplication.
He raised to hers his weary eyes with a dumb cry for mercy from the appeal of love.
Only Hugh Ritson, of all who were there present, understood what was in the convict’s heart.
“Paul Ritson is the rightful heir of his father and his mother’s legitimate son,” he muttered audibly.
The convict turned to where his brother sat, and looked at him with a face that seemed to grapple for the missing links of a chain of facts.
Counsel for the defense arose.
“It will be seen that the unhappy convict witness will not be used as an instrument of deception,” he said. “He is Paul Drayton, and can not be made to pretend that he is Paul Ritson.”
The hush of awe in the court was broken by the opening of a door behind the bench. Two women stood on the threshold. One of them was small, wrinkled, and old. She was Mrs. Drayton. The other was a nun in hood and cape. She was Sister Grace.
Hugh Ritson leaned toward counsel for the plaintiff, who promptly rose and said:
“The witness I spoke of as dead to the world is now present in the court.”
Amid a buzz of conversation the nun was handed to the table. She raised her long veil and showed a calm, pale face. After the usual formalities, counsel addressed her.
“Mrs. Ritson,” he said, “tell us which of the two men who sit opposite is your son.”
Sister Grace answered in a clear, soft voice:
“Both are my sons. The convict is Paul Ritson, my son by Allan Ritson; the other is Paul Lowther, my son by an unhappy alliance with Robert Lowther.”
Drayton jumped to his feet.
“There, that’s enough of this!” he shouted, excitedly. “Damme, if I can stand any more of it!”
Bonnithorne reached over and whispered:
“Mad man, what are you doing? Hold your tongue!”
“It’s all up. There’s the old woman, too, come to give me away. Here, I say, I’m Paul Drayton; that’s what I am, if you want to know.”
“Let the sheriff take that man before a justice of the peace,” said the judge.
“It was you that led me into this mess!” shouted Drayton at Bonnithorne. “Only for you I would have been in Australia by this time.”
“Let the sheriff apprehend Mr. Bonnithorne also,” said the judge. “As for you, sir,” he continued, turning to Hugh Ritson, “I will report your evidence to the Public Prosecutor — who must be in possession of your statutory declaration — and leave the law officers to take their own course with regard to you.”
The action for ejectment was adjourned.
Drayton and Bonnithorne did not trouble the world much longer. Within a month they were tried and condemned together — the one for personation; both for conspiracy.
Paul Ritson was removed in charge of his warder, to be confined in the town jail pending the arrival of instructions from the Secretary of State. Hugh Ritson walked out of the court-room a free man.
CHAPTER XVII.
Hugh Ritson returned to his room on the pit-brow. On his way there he passed a group of people congregated on the bridge at the town end. They fell apart as he walked through, but not an eye was raised to his, and not one glance of recognition came from his stony face. Toward the middle of the afternoon a solicitor came from Carlisle and executed a bill of sale on the machinery and general plant. The same evening, as the men on the day shift came up the shaft, and those on the night shift were about to go below, the wages were paid down to the last weights taken at the pit-mouth. Then Hugh Ritson closed his doors and began afresh his melancholy perambulation of the room.
That night — it was Wednesday night — as darkness fell on the mountain and moorland, there was a great outcry in the Vale. It started at the pit-mouth, and was taken up on every side. In less than a quarter of an hour a hundred people — men, women, and children — were gathered about the head of the shaft. There had been a run of sand in the pit, and some of the hands were imprisoned in the blocked-up workings. Cries, moans, and many sounds of weeping arose on the air in one dismal chorus. “I knew it would come;” “I telt the master lang ago;” “Where’s my man?” “And mine?” “And my poor barn — no’but fifteen.” “Anybody seen my Willie?” “Is that thee, Robbie, ma lad? — No.” As every cageful of men and boys came to the surface, there was a rush of mothers, wives, and fathers to recognize their own.
Hugh Ritson went out and pushed his way through the people.
“Where is the sand running?” he asked of a pitman just landed.
“In the sandy vein, 2, 3, 1,” answered the man.
“Then the shaft is clear?”
“Ay, but the water’s blocked in the main working, and it’s not safe to go down.”
Hugh Ritson had taken the man’s candle out of his hand, and was fixing it with the putty in the front of his own hat.
“Are you ready?” he shouted to the engine-man, above the babel of voices.
