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By Passion Driven: A Story of a Wasted Life

Chapter XV

page 100

Chapter XV.

Oh life, thou art a galling load,
Along a rough, a weary road,
To wretches such as I!

The day of the trial of Herman Lane for the wilful murder of William Johnston dawned at last. Harry Williams had not slept well during the previous night. He had lain awake at first thinking over the part he had to play in the tragic life drama on the following day, oppressed with all kinds of wild conjectures on the subject, and filled with nervous misgivings as to the momentous issues of the approaching trial. That he had to form an element in the case to be made out, a link in the chain of evidence to be offered against the life of a fellow creature, was a circumstance fraught with disturbing influences to his young mind. He could not regard lightly the terrible responsibility under which it placed him, nor dismiss from his mind the strong sense of apprehension which had lately taken possession of him.

The night was far gone ere he sank to rest, and with daylight he was again awake, and for a time lay thinking over the immediate future. He then left his bed and started for a brisk walk. Passing up towards that part of the Town Belt overlooking his uncle's house, he came out on the Queen's Drive, and continued along that delightful thoroughfare, through the wooded glens and beautiful page 101 shaded nooks known as “Cosy Dell,” thence up through the picturesque suburb of Roslyn, and along the summit of the hill overlooking the city.

The morning was calm and bright. Not more than half an hour of light had smiled upon the hills over which Harry passed, and he had reached the highest point of his walk before the beams of the rising sun, like long golden streaks, proclaimed the desire of the orb of day to flood the city and suburbs with his glorious light.

With a being aflame with youth and health, Harry for a time forgot the mental anxiety which had brought him hither, and stood still, contemplating the panorama before him. From where he stood, he could see the sun rise over the placid waters of the bay, on each side of which the green fields and partially wooded slopes of the hills, now being tinged with the rays of the early morning sun, formed a landscape worthy of the brush of any artist.

Nestling calmly at the foot of the hill on which Harry stood, lay the city in which the events which form the materials for our story had occurred.

The smoke from many chimneys now began to ascend and gave evidence of the awakening to life and business of the citizens. It curled slowly and peacefully up for some distance, and then hung like a pall over the lower portions of the town—hung there, as it were, conscious of the events in store for Harry, and in sympathy with his feelings as he stood and gazed. As he watched, he could hear the noise of busy life beginning to throb, and the first pulsations of the reviving heart of the town as it broke forth into daylight and work. Then the sun's warmth dispelled the mist and smoke which overhung the town, and the dull cloud cleared away as if to warn the citizens that the time for work had arrived, and the day of action had begun. Near him the birds made the morning musical with their page 102 notes of gladness. Content with the shelter of their natural homes, and knowing no cares such as oppressed the higher being who heard them, they made all around them happy and cheerful with their song. As Harry stood and gazed upon the prospect before him, a wave of thankfulness filled his breast. He felt grateful that he had the faculties to enjoy the beauties which Nature had provided for him. The busy crowd of labourers flocking towards the city in a constant stream warned him that he must put a period to his quiet enjoyment, and return to the house.

With a dull foreboding he turned homewards, and the sense of satisfaction he had experienced faded from his being.

The Court was crowded when Harry reached it. The portion set apart for the public was filled with eager and curious listeners. Some were there from interest in the prisoner, some from a feeling of sympathy for the witnesses; many out of a necessity for a pastime, and many out of morbid curiosity and a craving for a sensational excitement,—idle loungers who delighted in the proceedings because the issue was so momentous.

The Judge was on the Bench and the prisoner in the dock. The Registrar was in the act of calling over the names of those good men and true whose duty it was to stand between the accused and the Crown. This having been completed, and the jury being all seated, the prisoner became the centre of observation to every eye in Court. Conscious of the situation he formed, Herman Lane stood with downcast eyes and averted face. Restless, yet reserved and subdued, he stood as if possessed of entire command of himself, and while knowing his dreadful position, secure in his own strength.

To the charge, that he did kill and murder one William page 103 Johnston, preferred against him with all the formalities of legal lore, and read to him with the usual mechanical solemnity, he pleaded with firm and well-controlled voice—

“Not guilty.”

The plea of the prisoner having been recorded, the prosecuting barrister rose and proceeded with his address.

Without any show of oratory, with no straining of points or seeking for effect, he stated the case to be made out for the Crown.

He dwelt upon the impossibility of adducing any direct proof in cases of the kind, and laid before the jury briefly all the circumstances surrounding the death of the cashier which indicated the guilt of the prisoner. He pointed out the strong motive that would exist in the mind of a man situated as the prisoner was for the removal of the chief witness against him, and referred to the threats which had been made against the deceased, of which some evidence might be given. With a request that the jury would, what no jury possibly could do, dismiss from their minds all conceptions of the case already formed, and proceed to try it solely by the evidence to be brought before them, and free from any sympathy or bias, the opening address of the prosecutor concluded.

The first witness for the Crown was Detective Fane, who detailed the steps he had taken which led up to the arrest of the prisoner in connection with the minor charge then impending against him, the subsequent surveillance under which the accused was placed, and the circumstances which came to his knowledge and led to his arresting Lane for the murder.

In the preliminary part of this examination, the prisoner did not appear to take much interest, and never once looked at the witness. It was different, however, when he came to that portion of his evidence bearing on the murder, then page 104 Lane seemed to straighten himself up, as if bracing for a struggle, and directly faced the detective, as if determined not to lose a word or sign. Fane noticed the alteration in the prisoner's manner, and paused a moment to contemplate him. He then proceeded with his evidence, and brought his story down to the arrest of the accused, and the subsequent enquiries he had made.

The prisoner's counsel then rose to cross-examine the detective.

Mr. Coke stated at the outset that he would only trouble the witness with two or three questions, and smiled blandly upon him as he spoke in a careless manner, as if the question at issue was of such insignificance as not to be worth the trouble the Court was being put to.

“You have had considerable experience in criminal trials, Mr. Fane?”

“Yes, some.”

“When you heard of the sudden death of Mr. Johnston, you at once formed a theory on the subject?”

“No.”

“No! When then?”

“After the inquest.”

“Immediately?”

“Almost.”

“Will you tell the jury your theory?”

“Do you particularly wish it?”

“Yes, if you please, Mr. Fane.”

“In what way will it benefit them?”

“Never mind that. I wish you to state what your theory was.”

“I do not see wherein the evidence is relevant, Mr. Coke,” remarked the Judge, looking up from his notes.

“If your Honor will pardon me, my next question or two will show the relevancy of this.”

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“Oh! very well then. The witness will answer the question.”

Detective Fane turned his gaze from the Judge, and looked at the prisoner's counsel.

“You will please state your theory to the jury, Mr. Fane. What was it?”

“That the poison had not been self-administered,” replied Fane promptly.

This was not exactly what Mr. Coke had expected. He turned at once to the Judge.

“I submit,” your Honor, “the witness is trifling with the question.”

“No, Mr. Coke, you cannot say that. What the witness's theory was, is only known to himself.”

The cross-examination had to take another course, so Mr. Coke asked—

“When did you form the idea of the prisoner's guilt?”

“When I learned of his visit to the deceased immediately before his death.”

“And you never made investigations to connect anybody else with the crime?”

“All my enquiries were general.”

“And all pointed to the prisoner as the murderer?”

“Yes.”

After a few more unimportant questions were asked, Detective Fane left the box. Small was the next witness. His evidence was unimportant, until he recorded the conversation he had with the deceased on the subject of the threats made by Lane's companions.

To this evidence Mr. Coke objected. The prisoner was not present at any such interview, nor was he directly referred to as making threats.

The Crown did not press the point, and Small was only examined as to the relations between the prisoner and deceased in the office.

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The landlady at Johnston's lodgings proved the visit of Lane to deceased on the night of his death, and of his having gone to Johnston's room while waiting.

The lodger who occupied the adjoining room, deposed as to hearing angry tones at the time of Lane's visit. Harry Williams was next called. He answered all the questions shortly and distinctly, and gave in evidence the information he had already imparted to Detective Fane. He stated all the facts without hesitation; and did not vary his evidence in the slightest under a rigid examination by prisoner's counsel. The maid-servant proved the finding of deceased's body; and a policeman, who was called in immediately, described the position of the body, and appearance of the room. The medical witnesses then repeated the evidence they had previously given, and detailed the results of their analysis.

This concluded the evidence, and after ascertaining that the defence would not call witnesses, the Crown Prosecutor proceeded to review the evidence.

This he did very briefly, merely pointing out the strong motive the prisoner had for getting rid of Johnston's evidence; the fact that he was the last person known to have seen deceased alive, and the evidence of a quarrel between the men in their last conversation; the opportunities of placing the poison in such a way that the deceased must swallow it were afforded to Lane by his being left in Johnston's room previous to their meeting.

The prosecuting barrister added that his duty was an official one, and as unpleasant to him as that of the jury would be to them; but he asked them to consider the evidence and weigh the circumstances carefully, no matter how repugnant the duty might be, and to deliver their verdict in accordance with their consciences.

Mr. Lyttelton Coke then rose to address the jury on page 107 behalf of the prisoner. He claimed their indulgence, owing to the great weight of responsibility under which he laboured. The issue of the trial, involving as it did, the life of his client, made the performance of his duty a severe task to him. He further claimed their consideration because this was the first occasion in his experience when he had to address himself to the task of defending the life of a fellow creature. Then entering into the evidence for the prosecution, he warned the jury that it was their duty to see that the evidence before them left no doubt in their minds as to the prisoner's guilt. It was not sufficient that it proved him to be a criminal, that the death of Johnston was due to poison, and that the prisoner had opportunities and might have administered it. They must be satisfied beyond the shadow of a doubt that the prisoner did give, and no other person could have given, the deceased the poison which caused his death. Was it established beyond a doubt that the poison had not been self-administered? This was a strong presumption that the Crown had not met. Before they convicted the prisoner of murder they must be sure, aye, even to absolute certainty, that the cashier had not taken the poison by inadvertence. This was a possible solution of his death with which the Crown had not dealt, and which in itself was sufficient to raise a doubt, the exercise of which would acquit the man in the dock.

Then he invited them to carefully note the action of Detective Fane. That able officer had, as soon as he knew the man's death was due to poison, started out with the preconceived notion that nobody but the prisoner could have killed him. It was easy to further blacken a man already under the stigma of a vague and unproved charge of robbery, and this seemed the most natural course to the detective mind; no other suggestion was listened to. Lane page 108 was guilty, and all the energies of the force must be devoted to proving him so.

Was the evidence of a quarrel between Johnston and the prisoner to carry any weight? The witness called to prove that was not able to identify a single word, and therefore the jury had only his opinion to justify them in attaching any importance to the circumstance. What he heard might be a quarrel, might be high and angry words or loud and immoderate laughter, just as the ear that caught the sounds might decide. If the motive, of which the Crown had adduced evidence, was sufficient to induce a man in the prisoner's position to slay a fellow creature to get free from the weight of his evidence, was it likely that he would take a companion with him when he set about the crime? Was it not a more reasonable supposition that the two men visited the deceased for the purpose of convincing him that the accusation of robbery was unfounded, and that his evidence must be misleading.

Why was it that the witness Harry Williams had not also been accused of the murder? It had been proved that he had given Johnston an orange. Was it not possible that the fruit had been poisoned? This was the last thing deceased was known to have eaten. Had the orange peel been preserved and analysed? Why did the authorities not exhaust every possible theory consistent with the prisoner's innocence, instead of exercising themselves only to prove his guilt? Was the life of a fellow creature so light a thing that fanciful theories such as that advanced in this case were sufficient to destroy it? Was the prisoner at the bar to forfeit his life to satisfy or verify the theories of experts and the opinions of careless witnesses? The case was not one where a doubt had been raised as to the prisoner's guilt; it was a case where the Crown had utterly failed to establish its position.

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Mr. Coke concluded by impressing upon the jury that they were sworn to try the case and render justice according to the evidence. With such positive want of proof he felt satisfied that there could not be any doubt as to the issue. The prisoner's life was safe in their hands, and with a perfect confidence as to the result he could leave the issue with them, conscious that he had done his duty to his client to the utmost of his poor ability.

The matter of Mr. Coke's address was much better than the manner. There was about it too much self-assertion to make a good impression on the jury, and a critical observer would have noticed that it created in their minds some feeling of repulsion. Had the defending counsel been less desirous of showing off his own powers and exhibited less self-confidence—been, in fact, less of the dictator and more of the advocate,—his client's cause would have been considerably advanced.

When the prisoner's counsel resumed his seat there were some moments of painful silence in the Court. The Judge turned over the pages of his notes, nervously read and re-read certain portions of the evidence, and then with much hesitation proceeded with his summing-up. After reviewing the necessity for the establishment of the prisoner's guilt beyond any doubt, he commented on the evidence, and suggested the direction proof should take. He pointed out to the jury wherein the presence of a strong motive might be sufficient to weigh heavily as against the evidence of anything like positive proof; and after exhibiting the strong and weak parts in the evidence, he told them to disregard the issue raised by prisoner's counsel as to the duty of the authorities to search for possible explanations of the crime consistent with the innocence of the prisoner. If the evidence established beyond a doubt that the deceased had been poisoned by the hand of another, page 110 and that the circumstances left it without dispute that the prisoner's, and none other's, was that hand, then their duty was clear.

With some further remarks on the direction of their duty, the Judge concluded, and the jury retired to consider their verdict.

Herman Lane, who had during the course of his counsel's address worn a some what cheerful aspect, became thoroughly depressed on the retirement of the jury. As they left the Court the Judge rose and went to his room. Mr. Lyttelton Coke moved towards the prisoner and addressed to him a few cheering words. This action was not prompted by kindness towards him, for it was not until he had discussed in his own mind the effect it would have on the immense audience in Court that the barrister had acted in this way. The influence of this on Lane was very striking. It seemed to turn his attention away from himself and produce a feeling that he was not yet entirely an outcast from humanity, or despised and rejected of all men.

It was not expected that the deliberations of the jury would occupy any great length of time. The evidence had not been voluminous, and the points of direction were few. The attendants of the Court did not therefore leave the building, and in about half an hour the jury intimated that they had agreed. The Judge entered the Court and took his seat. A solemn silence fell upon all as the jury filed into the box, looking subdued and troubled. The formal preliminaries were gone through and listened to with vast impatience by every ear. A deep, troubled look overspead the face of the prisoner. A nervous twitching of his hands and a faint tremor of his whole frame betokened the dreadful battle going on within.

As the mechanical and monotonous voice of the Registrar asked the question—

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“How say you, gentlemen of the jury, is the prisoner at the bar guilty or not guilty?”

The awful silence allowed the tones to re-echo through the building, and the terrible period, though brief, was oppressive to every soul within hearing.

As the foreman of the jury replied in a dull and choking voice, a wave of awful solemnity went over all—

“Guilty.

At the word a terrible sensation overspread the Court. Every heart seemed to stand still; every eye seemed bent on the prisoner.

Clutching the sides of the dock, Lane's head fell forward on his chest, and a dull low groan escaped him.

In mercy the Judge sat silent for some moments, then said quietly—

“Call on the prisoner, Mr. Registrar.”

“Prisoner, have you anything to say why sentence of the law should not be passed upon you?”

Another pause followed, as if there was not to be an answer to the question; then the wretched man moved forward in the dock, and replied, with a low sob—

“I am innocent of the murder.”

His voice was thick and trembling; his spirit was entirely broken. The result of the trial came upon him like a thunderclap, and struck all animation from his soul.

The Judge sat silent for some moments. When the verdict was given his face had exhibited astonishment. Presently he gazed towards the ceiling of the Courthouse, and addressed Lane—

“Prisoner at the bar, you have been found guilty by a jury of your fellow citizens of the wilful murder of a fellow creature. You have had the advantage of a careful trial and a most able defence, and it is not for me to intensify the dreadful and painful position in which you now stand page 112 by any remarks on the subject of your crime. My duty is to pass sentence upon you.”

Then another of the many time-honoured but stupid and unreasonable forms which bulk so large in all legal proceedings, had to be observed by the Judge. To intensify the formal solemnity of the occasion he had to cover his head with black. Having done so, he continued—

“The sentence of the law is that you, Herman Lane, be taken from the place where you now are to the prison whence you came, and thence to the place of execution, there to be hanged by the neck until you are dead, and may God have mercy on your soul.”

The prisoner was then removed from the dock, after which the Judge thanked and discharged the jury.

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