The absence of his witness, Wardlaw junior, was severely commented on by his counsel; indeed, he appealed to the judge to commit the said Wardlaw for contempt of court. But Wardlaw senior was recalled, and swore that he had left his son in a burning fever, not expected to live. And declared, with genuine emotion, that nothing but a high sense of public duty had brought _him_ hither from his dying son's bedside. He also told the court that Arthur's inability to clear his friend had really been the first cause of his illness, from which he was not expected to recover.
The jury consulted together a long time; and, at last, brought in a verdict of "GUILTY"; but recommended him to mercy on grounds which might fairly have been alleged in favor of his innocence; but, if guilty, rather aggravated his crime.
Then an officer of the court inquired, in a sort of chant or recitative, whether the prisoner had anything to say why judgment should not be given in accordance with the verdict.
It is easy to divest words of their meaning by false intonation; and prisoners in general receive this bit of singsong in dead silence. For why? the chant conveys no idea to their ears, and they would as soon think of _replying_ to the notes of a cuckoo.
But the Reverend Robert Penfold was in a keen agony that sharpened all his senses; he caught the sense of the words in spite of the speaker, and clung wildly to the straw that monotonous machine held out. "My lord! my lord!" he cried, "I'll tell you the real reason why young Wardlaw is not here."
The judge put up his hand with a gesture that enforced silence.
"Prisoner," said he, "I cannot go back to facts; the jury have dealt with them. Judgment can be arrested only on grounds of law. On these you can be heard. But, if you have none to offer, you must be silent and submit to your sentence." He then, without a pause, proceeded to point out the heinous character of the offense, but admitted there was one mitigating circumstance; and, in conclusion, he condemned the culprit to five years' penal servitude.
At this the poor wretch uttered a cry of anguish that was fearful, and clutched the dock convulsively.
Now a prisoner rarely speaks to a judge without revolting him by bad law, or bad logic, or hot words. But this wild cry was innocent of all these, and went straight from the heart in the dock to the heart on the judgment seat. And so his lordship's voice trembled for a moment, and then became firm again, but solemn and humane.
"But," said he, "my experience tells me this is your first crime, and may possibly be your last. I shall therefore use my influence that you may not be associated with more hardened criminals, but may be sent out of this country to another, where you may begin life afresh, and, in the course of years, efface this dreadful stain. Give me hopes of you; begin your repentance where now you stand, by blaming yourself, and no other man. No man constrained you to utter a forged note, and to receive the money; it was found in your possession. For such an act there can be no defense in law, morality, or religion."
These words overpowered the culprit. He burst out crying with great violence.
But it did not last long. He became strangely composed all of a sudden; and said, "God forgive all concerned in this--but one--but one."
He then bowed respectfully, and like a gentleman, to the judge and the jury, and walked out of the dock with the air of a man who had parted with emotion, and would march to the gallows now without flinching.
The counsel for the Crown required that the forged document should be impounded.
"I was about to make the same demand," said the prisoner's counsel.
The judge snubbed them both, and said it was a matter of course.
Robert Penfold spent a year in separate confinement, and then, to cure him of its salutary effect (if any), was sent on board the hulk _Vengeance,_ and was herded with the greatest miscreants in creation.
They did not reduce him to their level, but they injured his mind. And, before half his sentence had expired, he sailed for a penal colony, a man with a hot coal in his bosom, a creature imbittered, poisoned; hoping little, believing little, fearing little, and hating much.
He took with him the prayer-book his mother had given him when he was ordained deacon. But he seldom read beyond the fly-leaf. There the poor lady had written at large her mother's heart, and her pious soul aspiring heavenward for her darling son. This, when all seemed darkest, he would sometimes run to with moist eyes. For he was sure of his mother's love, but almost doubted the justice of his God.
