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The Murder Trial

Charles Dickens biography

Page 1 of 2

I was chosen Foreman of the Jury. On the second morning of the trial, after evidence had been taken for two hours (I heard the church clocks strike), happening to cast my eyes over my brother jurymen, I found an inexplicable difficulty in counting them. I counted them several times, yet always with the same difficulty. In short, I made them one too many.

I touched the brother jurymen whose place was next me, and I whispered to him, "Oblige me by counting us." He looked surprised by the request, but turned his head and counted. "Why," says he, suddenly, "we are Thirt-; but no, it's not possible. No. We are twelve."

According to my counting that day, we were always right in detail, but in the gross we were always one too many. There was no appearance--no figure--to account for it; but I had now an inward foreshadowing of the figure that was surely coming.

The Jury were housed at the London Tavern. We all slept in one large room on separate tables, and we were constantly in the charge and under the eye of the officer sworn to hold us in safe-keeping. I see no reason for suppressing the real name of that officer. He was intelligent, highly polite, and obliging, and (I was glad to hear) much respected in the City. He had an agreeable presence, good eyes, enviable black whiskers, and a fine sonorous voice. His name was Mr. Harker.

When we turned into our twelve beds at night, Mr. Harker's bed was drawn across the door. On the night of the second day, not being disposed to lie down, and seeing Mr. Harker sitting on his bed, I went and sat beside him, and offered him a pinch of snuff. As Mr. Harker's hand touched mine in taking it from my box, a peculiar shiver crossed him, and he said, "Who is this?"

Following Mr. Harker's eyes, and looking along the room, I saw again the figure I expected,--the second of the two men who had gone down Piccadilly. I rose, and advanced a few steps; then stopped, and looked round at Mr. Harker. He was quite unconcerned, laughed, and said in a pleasant way, "I thought for a moment we had a thirteenth juryman, without a bed. But I see it is the moonlight."

Making no revelation to Mr. Harker, but inviting him to take a walk with me to the end of the room, I watched what the figure did. It stood for a few moments by the bedside of each of my eleven brother jurymen, close to the pillow. It always went to the right-hand side of the bed, and always passed out crossing the foot of the next bed. It seemed, from the action of the head, merely to look down pensively at each recumbent figure. It took no notice of me, or of my bed, which was that nearest to Mr. Harker's. It seemed to go out where the moonlight came in, through a high window, as by an aerial flight of stairs.

Next morning at breakfast, it appeared that everybody present had dreamed of the murdered man last night, except myself and Mr. Harker.

I now felt as convinced that the second man who had gone down Piccadilly was the murdered man (so to speak), as if it had been borne into my comprehension by his immediate testimony. But even this took place, and in a manner for which I was not at all prepared.

On the fifth day of the trial, when the case for the prosecution was drawing to a close, a miniature of the murdered man, missing from his bedroom upon the discovery of the deed, and afterwards found in a hiding-place where the Murderer had been seen digging, was put in evidence. Having been identified by the witness under examination, it was handed up to the Bench, and thence handed down to be inspected by the Jury. As an officer in a black gown was making his way with it across to me, the figure of the second man who had gone down Piccadilly impetuously started from the crowd, caught the miniature from the officer, and gave it to me with his own hands, at the same time saying, in a low and hollow tone,--before I saw the miniature, which was in a locket,--"I WAS YOUNGER THEN, AND MY FACE WAS NOT THEN DRAINED OF BLOOD." It also came between me and the brother juryman to whom I would have given the miniature, and between him and the brother juryman to whom he would have given it, and so passed it on through the whole of our number, and back into my possession. Not one of them, however, detected this.

At table, and generally when we were shut up together in Mr. Harker's custody, we had from the first naturally discussed the day's proceedings a good deal. On that fifth day, the case for the prosecution being closed, and we having that side of the question in a completed shape before us, our discussion was more animated and serious. Among our number was a vestryman,--the densest idiot I have ever seen at large,--who met the plainest evidence with the most preposterous objections, and who was sided with by two flabby parochial parasites; all the three impanelled from a district so delivered over to Fever that they ought to have been upon their own trial for five hundred Murders. When these mischievous blockheads were at their loudest, which was towards midnight, while some of us were already preparing for bed, I again saw the murdered man. He stood grimly behind them, beckoning to me. On my going towards them, and striking into the conversation, he immediately retired. This was the beginning of a separate series of appearances, confined to that long room in which we were confined. Whenever a knot of my brother jurymen laid their heads together, I saw the head of the murdered man among theirs. Whenever their comparison of notes was going against him, he would solemnly and irresistibly beckon to me.

It will be borne in mind that down to the production of the miniature, on the fifth day of the trial, I had never seen the Appearance in Court. Three changes occurred now that we entered on the case for the defence. Two of them I will mention together, first. The figure was now in Court continually, and it never there addressed itself to me, but always to the person who was speaking at the time. For instance: the throat of the murdered man had been cut straight across. In the opening speech for the defence, it was suggested that the deceased might have cut his own throat. At that very moment, the figure, with its throat in the dreadful condition referred to (this it had concealed before), stood at the speaker's elbow, motioning across and across its windpipe, now with the right hand, now with the left, vigorously suggesting to the speaker himself the impossibility of such a wound having been self-inflicted by either hand. For another instance: a witness to character, a woman, deposed to the prisoner's being the most amiable of mankind. The figure at that instant stood on the floor before her, looking her full in the face, and pointing out the prisoner's evil countenance with an extended arm and an outstretched finger.

The third change now to be added impressed me strongly as the most marked and striking of all. I do not theorise upon it; I accurately state it, and there leave it. Although the Appearance was not itself perceived by those whom it addressed, its coming close to such persons was invariably attended by some trepidation or disturbance on their part. It seemed to me as if it were prevented, by laws to which I was not amenable, from fully revealing itself to others, and yet as if it could invisibly, dumbly, and darkly overshadow their minds. When the leading counsel for the defence suggested that hypothesis of suicide, and the figure stood at the learned gentleman's elbow, frightfully sawing at its severed throat, it is undeniable that the counsel faltered in his speech, lost for a few seconds the thread of his ingenious discourse, wiped his forehead with his handkerchief, and turned extremely pale. When the witness to character was confronted by the Appearance, her eyes most certainly did follow the direction of its pointed finger, and rest in great hesitation and trouble upon the prisoner's face. Two additional illustrations will suffice. On the eighth day of the trial, after the pause which was every day made early in the afternoon for a few minutes' rest and refreshment, I came back into Court with the rest of the Jury some little time before the return of the Judges. Standing up in the box and looking about me, I thought the figure was not there, until, chancing to raise my eyes to the gallery, I saw it bending forward, and leaning over a very decent woman, as if to assure itself whether the Judges had resumed their seats or not. Immediately afterwards that woman screamed, fainted, and was carried out. So with the venerable, sagacious, and patient Judge who conducted the trial. When the case was over, and he settled himself and his papers to sum up, the murdered man, entering by the Judges' door, advanced to his Lordship's desk, and looked eagerly over his shoulder at the pages of his notes which he was turning. A change came over his Lordship's face; his hand stopped; the peculiar shiver, that I knew so well, passed over him; he faltered, "Excuse me, gentlemen, for a few moments. I am somewhat oppressed by the vitiated air;" and did not recover until he had drunk a glass of water.

Through all the monotony of six of those interminable ten days,--the same Judges and others on the bench, the same Murderer in the dock, the same lawyers at the table, the same tones of question and answer rising to the roof of the court, the same scratching of the Judge's pen, the same ushers going in and out, the same lights kindled at the same hour when there had been any natural light of day, the same foggy curtain outside the great windows when it was foggy, the same rain pattering and dripping when it was rainy, the same footmarks of turnkeys and prisoner day after day on the same sawdust, the same keys locking and unlocking the same heavy doors,--through all the wearisome monotony which made me feel as if I had been Foreman of the Jury for a vast cried of time, and Piccadilly had flourished coevally with Babylon, the murdered man never lost one trace of his distinctness in my eyes, nor was he at any moment less distinct than anybody else. I must not omit, as a matter of fact, that I never once saw the Appearance which I call by the name of the murdered man look at the Murderer. Again and again I wondered, "Why does he not?" But he never did.

Nor did he look at me, after the production of the miniature, until the last closing minutes of the trial arrived. We retired to consider, at seven minutes before ten at night. The idiotic vestryman and his two parochial parasites gave us so much trouble that we twice returned into Court to beg to have certain extracts from the Judge's notes re-read. Nine of us had not the smallest doubt about those passages, neither, I believe, had any one in the Court; the dunder-headed triumvirate, having no idea but obstruction, disputed them for that very reason. At length we prevailed, and finally the Jury returned into Court at ten minutes past twelve.

The murdered man at that time stood directly opposite the Jury-box, on the other side of the Court. As I took my place, his eyes rested on me with great attention; he seemed satisfied, and slowly shook a great gray veil, which he carried on his arm for the first time, over his head and whole form. As I gave in our verdict, "Guilty," the veil collapsed, all was gone, and his place was empty.

The Murderer, being asked by the Judge, according to usage, whether he had anything to say before sentence of Death should be passed upon him, indistinctly muttered something which was described in the leading newspapers of the following day as "a few rambling, incoherent, and half-audible words, in which he was understood to complain that he had not had a fair trial, because the Foreman of the Jury was prepossessed against him." The remarkable declaration that he really made was this: "MY LORD, I KNEW I WAS A DOOMED MAN, WHEN THE FOREMAN OF MY JURY CAME INTO THE BOX. MY LORD, I KNEW HE WOULD NEVER LET ME OFF, BECAUSE, BEFORE I WAS TAKEN, HE SOMEHOW GOT TO MY BEDSIDE IN THE NIGHT, WOKE ME, AND PUT A ROPE ROUND MY NECK."