A Disappointment
Mr. Attorney-General had to inform
the jury, that the prisoner before them, though young
in years, was old in the treasonable practices which
claimed the forfeit of his life. That this correspondence
with the public enemy was not a correspondence of
to-day, or of yesterday, or even of last year, or
of the year before. That, it was certain the
prisoner had, for longer than that, been in the habit
of passing and repassing between France and England,
on secret business of which he could give no honest
account. That, if it were in the nature of traitorous
ways to thrive (which happily it never was), the real
wickedness and guilt of his business might have remained
undiscovered. That Providence, however, had put
it into the heart of a person who was beyond fear
and beyond reproach, to ferret out the nature of the
prisoner’s schemes, and, struck with horror,
to disclose them to his Majesty’s Chief Secretary
of State and most honourable Privy Council. That,
this patriot would be produced before them. That,
his position and attitude were, on the whole, sublime.
That, he had been the prisoner’s friend, but,
at once in an auspicious and an evil hour detecting
his infamy, had resolved to immolate the traitor he
could no longer cherish in his bosom, on the sacred
altar of his country. That, if statues were decreed
in Britain, as in ancient Greece and Rome, to public
benefactors, this shining citizen would assuredly
have had one. That, as they were not so decreed,
he probably would not have one. That, Virtue,
as had been observed by the poets (in many passages
which he well knew the jury would have, word for word,
at the tips of their tongues; whereat the jury’s
countenances displayed a guilty consciousness that
they knew nothing about the passages), was in a manner
contagious; more especially the bright virtue known
as patriotism, or love of country. That, the
lofty example of this immaculate and unimpeachable
witness for the Crown, to refer to whom however unworthily
was an honour, had communicated itself to the prisoner’s
servant, and had engendered in him a holy determination
to examine his master’s table-drawers and pockets,
and secrete his papers. That, he (Mr. Attorney-General)
was prepared to hear some disparagement attempted
of this admirable servant; but that, in a general
way, he preferred him to his (Mr. Attorney-General’s)
brothers and sisters, and honoured him more than his
(Mr. Attorney-General’s) father and mother.
That, he called with confidence on the jury to come
and do likewise. That, the evidence of these
two witnesses, coupled with the documents of their
discovering that would be produced, would show the
prisoner to have been furnished with lists of his
Majesty’s forces, and of their disposition and
preparation, both by sea and land, and would leave
no doubt that he had habitually conveyed such information
to a hostile power. That, these lists could
not be proved to be in the prisoner’s handwriting;
but that it was all the same; that, indeed, it was
rather the better for the prosecution, as showing the
prisoner to be artful in his precautions. That,
the proof would go back five years, and would show
the prisoner already engaged in these pernicious missions,
within a few weeks before the date of the very first
action fought between the British troops and the Americans.
That, for these reasons, the jury, being a loyal
jury (as he knew they were), and being a responsible
jury (as they knew they were), must positively
find the prisoner Guilty, and make an end of him, whether
they liked it or not. That, they never could
lay their heads upon their pillows; that, they never
could tolerate the idea of their wives laying their
heads upon their pillows; that, they never could endure
the notion of their children laying their heads upon
their pillows; in short, that there never more could
be, for them or theirs, any laying of heads upon pillows
at all, unless the prisoner’s head was taken
off. That head Mr. Attorney-General concluded
by demanding of them, in the name of everything he
could think of with a round turn in it, and on the
faith of his solemn asseveration that he already considered
the prisoner as good as dead and gone.
When the Attorney-General ceased,
a buzz arose in the court as if a cloud of great blue-flies
were swarming about the prisoner, in anticipation
of what he was soon to become. When toned down
again, the unimpeachable patriot appeared in the witness-box.
Mr. Solicitor-General then, following
his leader’s lead, examined the patriot:
John Barsad, gentleman, by name. The story of
his pure soul was exactly what Mr. Attorney-General
had described it to be— perhaps, if it
had a fault, a little too exactly. Having released
his noble bosom of its burden, he would have modestly
withdrawn himself, but that the wigged gentleman with
the papers before him, sitting not far from Mr. Lorry,
begged to ask him a few questions. The wigged
gentleman sitting opposite, still looking at the ceiling
of the court.
Had he ever been a spy himself?
No, he scorned the base insinuation. What did
he live upon? His property. Where was his
property? He didn’t precisely remember
where it was. What was it? No business
of anybody’s. Had he inherited it?
Yes, he had. From whom? Distant relation.
Very distant? Rather. Ever been in prison?
Certainly not. Never in a debtors’ prison?
Didn’t see what that had to do with it.
Never in a debtors’ prison?—Come,
once again. Never? Yes. How many
times? Two or three times. Not five or
six? Perhaps. Of what profession?
Gentleman. Ever been kicked? Might have
been. Frequently? No. Ever kicked
downstairs? Decidedly not; once received a kick
on the top of a staircase, and fell downstairs of
his own accord. Kicked on that occasion for
cheating at dice? Something to that effect was
said by the intoxicated liar who committed the assault,
but it was not true. Swear it was not true?
Positively. Ever live by cheating at play?
Never. Ever live by play? Not more than
other gentlemen do. Ever borrow money of the
prisoner? Yes. Ever pay him? No.
Was not this intimacy with the prisoner, in reality
a very slight one, forced upon the prisoner in coaches,
inns, and packets? No. Sure he saw the
prisoner with these lists? Certain. Knew
no more about the lists? No. Had not procured
them himself, for instance? No. Expect
to get anything by this evidence? No.
Not in regular government pay and employment, to lay
traps? Oh dear no. Or to do anything?
Oh dear no. Swear that? Over and over
again. No motives but motives of sheer patriotism?
None whatever.
The virtuous servant, Roger Cly, swore
his way through the case at a great rate. He
had taken service with the prisoner, in good faith
and simplicity, four years ago. He had asked
the prisoner, aboard the Calais packet, if he wanted
a handy fellow, and the prisoner had engaged him.
He had not asked the prisoner to take the handy fellow
as an act of charity—never thought of such
a thing. He began to have suspicions of the
prisoner, and to keep an eye upon him, soon afterwards.
In arranging his clothes, while travelling, he had
seen similar lists to these in the prisoner’s
pockets, over and over again. He had taken these
lists from the drawer of the prisoner’s desk.
He had not put them there first. He had seen
the prisoner show these identical lists to French
gentlemen at Calais, and similar lists to French gentlemen,
both at Calais and Boulogne. He loved his country,
and couldn’t bear it, and had given information.
He had never been suspected of stealing a silver
tea-pot; he had been maligned respecting a mustard-pot,
but it turned out to be only a plated one. He
had known the last witness seven or eight years; that
was merely a coincidence. He didn’t call
it a particularly curious coincidence; most coincidences
were curious. Neither did he call it a curious
coincidence that true patriotism was his only
motive too. He was a true Briton, and hoped
there were many like him.
The blue-flies buzzed again, and Mr.
Attorney-General called Mr. Jarvis Lorry.
“Mr. Jarvis Lorry, are you a clerk in Tellson’s
bank?”
“I am.”
“On a certain Friday night in
November one thousand seven hundred and seventy-five,
did business occasion you to travel between London
and Dover by the mail?”
“It did.”
“Were there any other passengers in the mail?”
“Two.”
“Did they alight on the road in the course of
the night?”
“They did.”
“Mr. Lorry, look upon the prisoner. Was
he one of those two passengers?”
“I cannot undertake to say that he was.”
“Does he resemble either of these two passengers?”
“Both were so wrapped up, and
the night was so dark, and we were all so reserved,
that I cannot undertake to say even that.”
“Mr. Lorry, look again upon
the prisoner. Supposing him wrapped up as those
two passengers were, is there anything in his bulk
and stature to render it unlikely that he was one
of them?”
“No.”
“You will not swear, Mr. Lorry, that he was
not one of them?”
“No.”
“So at least you say he may have been one of
them?”
“Yes. Except that I remember
them both to have been—like myself—
timorous of highwaymen, and the prisoner has not a
timorous air.”
“Did you ever see a counterfeit of timidity,
Mr. Lorry?”
“I certainly have seen that.”
“Mr. Lorry, look once more upon
the prisoner. Have you seen him, to your certain
knowledge, before?”
“I have.”
“When?”
“I was returning from France
a few days afterwards, and, at Calais, the prisoner
came on board the packet-ship in which I returned,
and made the voyage with me.”
“At what hour did he come on board?”
“At a little after midnight.”
“In the dead of the night.
Was he the only passenger who came on board at that
untimely hour?”
“He happened to be the only one.”
“Never mind about `happening,’
Mr. Lorry. He was the only passenger who came
on board in the dead of the night?”
“He was.”
“Were you travelling alone, Mr. Lorry, or with
any companion?”
“With two companions. A gentleman and
lady. They are here.”
“They are here. Had you any conversation
with the prisoner?”
“Hardly any. The weather
was stormy, and the passage long and rough, and I
lay on a sofa, almost from shore to shore.”
“Miss Manette!”
The young lady, to whom all eyes had
been turned before, and were now turned again, stood
up where she had sat. Her father rose with her,
and kept her hand drawn through his arm.
“Miss Manette, look upon the prisoner.”
To be confronted with such pity, and
such earnest youth and beauty, was far more trying
to the accused than to be confronted with all the
crowd. Standing, as it were, apart with her on
the edge of his grave, not all the staring curiosity
that looked on, could, for the moment, nerve him to
remain quite still. His hurried right hand parcelled
out the herbs before him into imaginary beds of flowers
in a garden; and his efforts to control and steady
his breathing shook the lips from which the colour
rushed to his heart. The buzz of the great flies
was loud again.
“Miss Manette, have you seen the prisoner before?”
“Yes, sir.”
“Where?”
“On board of the packet-ship
just now referred to, sir, and on the same occasion.”
“You are the young lady just now referred to?”
“O! most unhappily, I am!”
The plaintive tone of her compassion
merged into the less musical voice of the Judge, as
he said something fiercely: “Answer the
questions put to you, and make no remark upon them.”
“Miss Manette, had you any conversation
with the prisoner on that passage across the Channel?”
“Yes, sir.”
“Recall it.”
In the midst of a profound stillness,
she faintly began: “When the gentleman
came on board—”
“Do you mean the prisoner?” inquired the
Judge, knitting his brows.
“Yes, my Lord.”
“Then say the prisoner.”
“When the prisoner came on board,
he noticed that my father,” turning her eyes
lovingly to him as he stood beside her, “was
much fatigued and in a very weak state of health.
My father was so reduced that I was afraid to take
him out of the air, and I had made a bed for him on
the deck near the cabin steps, and I sat on the deck
at his side to take care of him. There were
no other passengers that night, but we four.
The prisoner was so good as to beg permission to advise
me how I could shelter my father from the wind and
weather, better than I had done. I had not known
how to do it well, not understanding how the wind
would set when we were out of the harbour. He
did it for me. He expressed great gentleness
and kindness for my father’s state, and I am
sure he felt it. That was the manner of our beginning
to speak together.”
“Let me interrupt you for a moment. Had
he come on board alone?”
“No.”
“How many were with him?”
“Two French gentlemen.”
“Had they conferred together?”
“They had conferred together
until the last moment, when it was necessary for the
French gentlemen to be landed in their boat.”
“Had any papers been handed about among them,
similar to these lists?”
“Some papers had been handed
about among them, but I don’t know what papers.”
“Like these in shape and size?”
“Possibly, but indeed I don’t
know, although they stood whispering very near to
me: because they stood at the top of the cabin
steps to have the light of the lamp that was hanging
there; it was a dull lamp, and they spoke very low,
and I did not hear what they said, and saw only that
they looked at papers.”
“Now, to the prisoner’s conversation,
Miss Manette.”
“The prisoner was as open in
his confidence with me—which arose out
of my helpless situation—as he was kind,
and good, and useful to my father. I hope,”
bursting into tears, “I may not repay him by
doing him harm to-day.”
Buzzing from the blue-flies.
“Miss Manette, if the prisoner
does not perfectly understand that you give the evidence
which it is your duty to give—which you
must give— and which you cannot escape
from giving—with great unwillingness, he
is the only person present in that condition.
Please to go on.”
“He told me that he was travelling
on business of a delicate and difficult nature, which
might get people into trouble, and that he was therefore
travelling under an assumed name. He said that
this business had, within a few days, taken him to
France, and might, at intervals, take him backwards
and forwards between France and England for a long
time to come.”
“Did he say anything about America,
Miss Manette? Be particular.”
“He tried to explain to me how
that quarrel had arisen, and he said that, so far
as he could judge, it was a wrong and foolish one on
England’s part. He added, in a jesting
way, that perhaps George Washington might gain almost
as great a name in history as George the Third.
But there was no harm in his way of saying this:
it was said laughingly, and to beguile the time.”
Any strongly marked expression of
face on the part of a chief actor in a scene of great
interest to whom many eyes are directed, will be unconsciously
imitated by the spectators. Her forehead was
painfully anxious and intent as she gave this evidence,
and, in the pauses when she stopped for the Judge
to write it down, watched its effect upon the counsel
for and against. Among the lookers-on there was
the same expression in all quarters of the court;
insomuch, that a great majority of the foreheads there,
might have been mirrors reflecting the witness, when
the Judge looked up from his notes to glare at that
tremendous heresy about George Washington.
Mr. Attorney-General now signified
to my Lord, that he deemed it necessary, as a matter
of precaution and form, to call the young lady’s
father, Doctor Manette. Who was called accordingly.
“Doctor Manette, look upon the
prisoner. Have you ever seen him before?”
“Once. When he called
at my lodgings in London. Some three years, or
three years and a half ago.”
“Can you identify him as your
fellow-passenger on board the packet, or speak to
his conversation with your daughter?”
“Sir, I can do neither.”
“Is there any particular and
special reason for your being unable to do either?”
He answered, in a low voice, “There is.”
“Has it been your misfortune
to undergo a long imprisonment, without trial, or
even accusation, in your native country, Doctor Manette?”
He answered, in a tone that went to
every heart, “A long imprisonment.”
“Were you newly released on the occasion in
question?”
“They tell me so.”
“Have you no remembrance of the occasion?”
“None. My mind is a blank,
from some time—I cannot even say what time—
when I employed myself, in my captivity, in making
shoes, to the time when I found myself living in London
with my dear daughter here. She had become familiar
to me, when a gracious God restored my faculties;
but, I am quite unable even to say how she had become
familiar. I have no remembrance of the process.”
Mr. Attorney-General sat down, and
the father and daughter sat down together.
A singular circumstance then arose
in the case. The object in hand being to show
that the prisoner went down, with some fellow-plotter
untracked, in the Dover mail on that Friday night in
November five years ago, and got out of the mail in
the night, as a blind, at a place where he did not
remain, but from which he travelled back some dozen
miles or more, to a garrison and dockyard, and there
collected information; a witness was called to identify
him as having been at the precise time required, in
the coffee-room of an hotel in that garrison-and-dockyard
town, waiting for another person. The prisoner’s
counsel was cross-examining this witness with no result,
except that he had never seen the prisoner on any
other occasion, when the wigged gentleman who had
all this time been looking at the ceiling of the court,
wrote a word or two on a little piece of paper, screwed
it up, and tossed it to him. Opening this piece
of paper in the next pause, the counsel looked with
great attention and curiosity at the prisoner.
“You say again you are quite
sure that it was the prisoner?”
The witness was quite sure.
“Did you ever see anybody very like the prisoner?”
Not so like (the witness said) as that he could be
mistaken.
“Look well upon that gentleman,
my learned friend there,” pointing to him who
had tossed the paper over, “and then look well
upon the prisoner. How say you? Are they
very like each other?”
Allowing for my learned friend’s
appearance being careless and slovenly if not debauched,
they were sufficiently like each other to surprise,
not only the witness, but everybody present, when they
were thus brought into comparison. My Lord being
prayed to bid my learned friend lay aside his wig,
and giving no very gracious consent, the likeness
became much more remarkable. My Lord inquired
of Mr. Stryver (the prisoner’s counsel), whether
they were next to try Mr. Carton (name of my learned
friend) for treason? But, Mr. Stryver replied
to my Lord, no; but he would ask the witness to tell
him whether what happened once, might happen twice;
whether he would have been so confident if he had
seen this illustration of his rashness sooner, whether
he would be so confident, having seen it; and more.
The upshot of which, was, to smash this witness like
a crockery vessel, and shiver his part of the case
to useless lumber.
Mr. Cruncher had by this time taken
quite a lunch of rust off his fingers in his following
of the evidence. He had now to attend while
Mr. Stryver fitted the prisoner’s case on the
jury, like a compact suit of clothes; showing them
how the patriot, Barsad, was a hired spy and traitor,
an unblushing trafficker in blood, and one of the greatest
scoundrels upon earth since accursed Judas—which
he certainly did look rather like. How the virtuous
servant, Cly, was his friend and partner, and was
worthy to be; how the watchful eyes of those forgers
and false swearers had rested on the prisoner as a
victim, because some family affairs in France, he
being of French extraction, did require his making
those passages across the Channel—though
what those affairs were, a consideration for others
who were near and dear to him, forbade him, even for
his life, to disclose. How the evidence that
had been warped and wrested from the young lady, whose
anguish in giving it they had witnessed, came to nothing,
involving the mere little innocent gallantries and
politenesses likely to pass between any young gentleman
and young lady so thrown together;—with
the exception of that reference to George Washington,
which was altogether too extravagant and impossible
to be regarded in any other light than as a monstrous
joke. How it would be a weakness in the government
to break down in this attempt to practise for popularity
on the lowest national antipathies and fears, and
therefore Mr. Attorney-General had made the most of
it; how, nevertheless, it rested upon nothing, save
that vile and infamous character of evidence too often
disfiguring such cases, and of which the State Trials
of this country were full. But, there my Lord
interposed (with as grave a face as if it had not
been true), saying that he could not sit upon that
Bench and suffer those allusions.
Mr. Stryver then called his few witnesses,
and Mr. Cruncher had next to attend while Mr. Attorney-General
turned the whole suit of clothes Mr. Stryver had fitted
on the jury, inside out; showing how Barsad and Cly
were even a hundred times better than he had thought
them, and the prisoner a hundred times worse.
Lastly, came my Lord himself, turning the suit of
clothes, now inside out, now outside in, but on the
whole decidedly trimming and shaping them into grave-clothes
for the prisoner.
And now, the jury turned to consider,
and the great flies swarmed again.
Mr. Carton, who had so long sat looking
at the ceiling of the court, changed neither his place
nor his attitude, even in this excitement. While
his teamed friend, Mr. Stryver, massing his papers
before him, whispered with those who sat near, and
from time to time glanced anxiously at the jury; while
all the spectators moved more or less, and grouped
themselves anew; while even my Lord himself arose from
his seat, and slowly paced up and down his platform,
not unattended by a suspicion in the minds of the
audience that his state was feverish; this one man
sat leaning back, with his torn gown half off him,
his untidy wig put on just as it had happened to fight
on his head after its removal, his hands in his pockets,
and his eyes on the ceiling as they had been all day.
Something especially reckless in his demeanour, not
only gave him a disreputable look, but so diminished
the strong resemblance he undoubtedly bore to the
prisoner (which his momentary earnestness, when they
were compared together, had strengthened), that many
of the lookers-on, taking note of him now, said to
one another they would hardly have thought the two
were so alike. Mr. Cruncher made the observation
to his next neighbour, and added, “I’d
hold half a guinea that he don’t get no
law-work to do. Don’t look like the sort
of one to get any, do he?”
Yet, this Mr. Carton took in more
of the details of the scene than he appeared to take
in; for now, when Miss Manette’s head dropped
upon her father’s breast, he was the first to
see it, and to say audibly: “Officer! look
to that young lady. Help the gentleman to take
her out. Don’t you see she will fall!”
There was much commiseration for her
as she was removed, and much sympathy with her father.
It had evidently been a great distress to him, to
have the days of his imprisonment recalled. He
had shown strong internal agitation when he was questioned,
and that pondering or brooding look which made him
old, had been upon him, like a heavy cloud, ever since.
As he passed out, the jury, who had turned back and
paused a moment, spoke, through their foreman.
They were not agreed, and wished to
retire. My Lord (perhaps with George Washington
on his mind) showed some surprise that they were not
agreed, but signified his pleasure that they should
retire under watch and ward, and retired himself.
The trial had lasted all day, and the lamps in the
court were now being lighted. It began to be
rumoured that the jury would be out a long while.
The spectators dropped off to get refreshment, and
the prisoner withdrew to the back of the dock, and
sat down.
Mr. Lorry, who had gone out when the
young lady and her father went out, now reappeared,
and beckoned to Jerry: who, in the slackened
interest, could easily get near him.
“Jerry, if you wish to take
something to eat, you can. But, keep in the
way. You will be sure to hear when the jury come
in. Don’t be a moment behind them, for
I want you to take the verdict back to the bank.
You are the quickest messenger I know, and will get
to Temple Bar long before I can.”
Jerry had just enough forehead to
knuckle, and he knuckled it in acknowledgment of this
communication and a shilling. Mr. Carton came
up at the moment, and touched Mr. Lorry on the arm.
“How is the young lady?”
“She is greatly distressed;
but her father is comforting her, and she feels the
better for being out of court.”
“I’ll tell the prisoner
so. It won’t do for a respectable bank
gentleman like you, to be seen speaking to him publicly,
you know.”
Mr. Lorry reddened as if he were conscious
of having debated the point in his mind, and Mr. Carton
made his way to the outside of the bar. The way
out of court lay in that direction, and Jerry followed
him, all eyes, ears, and spikes.
“Mr. Darnay!”
The prisoner came forward directly.
“You will naturally be anxious
to hear of the witness, Miss Manette. She will
do very well. You have seen the worst of her
agitation.”
“I am deeply sorry to have been
the cause of it. Could you tell her so for me,
with my fervent acknowledgments?”
“Yes, I could. I will, if you ask it.”
Mr. Carton’s manner was so careless
as to be almost insolent. He stood, half turned
from the prisoner, lounging with his elbow against
the bar.
“I do ask it. Accept my cordial thanks.”
“What,” said Carton, still
only half turned towards him, “do you expect,
Mr. Darnay?”
“The worst.”
“It’s the wisest thing
to expect, and the likeliest. But I think their
withdrawing is in your favour.”
Loitering on the way out of court
not being allowed, Jerry heard no more: but
left them—so like each other in feature,
so unlike each other in manner—standing
side by side, both reflected in the glass above them.
An hour and a half limped heavily
away in the thief-and-rascal crowded passages below,
even though assisted off with mutton pies and ale.
The hoarse messenger, uncomfortably seated on a form
after taking that refection, had dropped into a doze,
when a loud murmur and a rapid tide of people setting
up the stairs that led to the court, carried him along
with them.
“Jerry! Jerry!”
Mr. Lorry was already calling at the door when he
got there.
“Here, sir! It’s
a fight to get back again. Here I am, sir!”
Mr. Lorry handed him a paper through
the throng. “Quick! Have you got
it?”
“Yes, sir.”
Hastily written on the paper was the word “AQUITTED.”
“If you had sent the message,
`Recalled to Life,’ again,” muttered Jerry,
as he turned, “I should have known what you meant,
this time.”
He had no opportunity of saying, or
so much as thinking, anything else, until he was clear
of the Old Bailey; for, the crowd came pouring out
with a vehemence that nearly took him off his legs,
and a loud buzz swept into the street as if the baffled
blue-flies were dispersing in search of other carrion.