CHAPTER XVII
THE MEMORIAL
The last word of the blessing was scarce out of the minister's mouthbefore Stewart had me by the arm. We were the first to be forth of thechurch, and he made such extraordinary expedition that we were safewithin the four walls of a house before the street had begun to bethronged with the home-going congregation.
"Am I yet in time?" I asked.
"Ay and no," said he. "The case is over; the jury is enclosed, and willbe so kind as let us ken their view of it to-morrow in the morning, thesame as I could have told it my own self three days ago before the playbegan. The thing has been public from the start. The panel kent it, '_Yemay do what ye will for me_,' whispers he two days ago. '_I ken my fateby what the Duke of Argyle has just said to Mr. Macintosh_.' O, it'sbeen a scandal!
The great Argyle he gaed before, He gart the cannons and guns to roar,
and the very macer cried 'Cruachan!' But now that I have got you againI'll never despair. The oak shall go over the myrtle yet; we'll ding theCampbells yet in their own town. Praise God that I should see the day!"
He was leaping with excitement, emptied out his mails upon the floorthat I might have a change of clothes, and incommoded me with hisassistance as I changed. What remained to be done, or how I was to doit, was what he never told me nor, I believe, so much as thought of."We'll ding the Camphells yet!" that was still his overcome. And it wasforced home upon my mind how this, that had the externals of a soberprocess of law, was in its essence a clan battle between savage clans. Ithought my friend the Writer none of the least savage. Who, that hadonly seen him at a counsel's back before the Lord Ordinary or followinga golf ball and laying down his clubs on Bruntsfield links, could haverecognised for the same person this voluble and violent clansman?
James Stewart's counsel were four in number--Sheriffs Brown of Colstounand Miller, Mr. Robert Macintosh and Mr. Stewart younger of StewartHall. These were covenanted to dine with the Writer after sermon, and Iwas very obligingly included of the party. No sooner the cloth lifted,and the first bowl very artfully compounded by Sheriff Miller, than wefell to the subject in hand. I made a short narration of my seizure andcaptivity, and was then examined and re-examined upon the circumstancesof the murder. It will be remembered this was the first time I had hadmy say out, or the matter at all handled, among lawyers; and theconsequence was very dispiriting to the others and (I must own)disappointing to myself.
"To sum up," said Colstoun, "you prove that Alan was on the spot; youhave heard him proffer menaces against Glenure; and though you assure ushe was not the man who fired, you leave a strong impression that he wasin league with him, and consenting, perhaps immediately assisting, inthe act. You show him besides, at the risk of his own liberty, activelyfurthering the criminal's escape. And the rest of your testimony (so faras the least material) depends on the bare word of Alan or of James, thetwo accused. In short, you do not at all break, but only lengthen by onepersonage, the chain that binds our client to the murderer; and I needscarcely say that the introduction of a third accomplice ratheraggravates that appearance of a conspiracy which has been our stumblingblock from the beginning."
"I am of the same opinion," said Sheriff Miller. "I think we may all bevery much obliged to Prestongrange for taking a most uncomfortablewitness out of our way. And chiefly, I think, Mr. Balfour himself mightbe obliged. For you talk of a third accomplice, but Mr. Balfour (in myview) has very much the appearance of a fourth."
"Allow me, sirs!" interposed Stewart the Writer. "There is another view.Here we have a witness--never fash whether material or not--a witness inthis cause, kidnapped by that old, lawless, bandit crew of the GlengyleMacgregors, and sequestered for near upon a month in a bourock of oldcold ruins on the Bass. Move that and see what dirt you fling on theproceedings! Sirs, this is a tale to make the world ring with! It wouldbe strange, with such a grip as this, if we couldnae squeeze out apardon for my client."
"And suppose we took up Mr. Balfour's cause to-morrow?" said StewartHall. "I am much deceived or we should find so many impediments thrownin our path, as that James should have been hanged before we had found acourt to hear us. This is a great scandal, but I suppose we have none ofus forgot a greater still, I mean the matter of the Lady Grange. Thewoman was still in durance; my friend Mr. Hope of Rankeillor did whatwas humanly possible; and how did he speed? He never got a warrant!Well, it'll be the same now; the same weapons will be used. This is ascene, gentlemen, of clan animosity. The hatred of the name which I havethe honor to bear, rages in high quarters. There is nothing here to beviewed but naked Campbell spite and scurvy Campbell intrigue."
You may be sure this was to touch a welcome topic, and I sat for sometime in the midst of my learned counsel, almost deaved with their talkbut extremely little the wiser for its purport. The Writer was led intosome hot expressions; Colstoun must take him up and set him right; therest joined in on different sides, but all pretty noisy; the Duke ofArgyle was beaten like a blanket; King George came in for a few digs inthe by-going and a great deal of rather elaborate defence: and there wasonly one person that seemed to be forgotten, and that was James of theGlens.
Through all this Mr. Miller sat quiet. He was a slip of an oldishgentleman, ruddy and twinkling; he spoke in a smooth rich voice, with aninfinite effect of pawkiness, dealing out each word the way an actordoes, to give the most expression possible; and even now, when he wassilent, and sat there with his wig laid aside, his glass in both hands,his mouth funnily pursed, and his chin out, he seemed the mere pictureof a merry slyness. It was plain he had a word to say, and waited forthe fit occasion.
It came presently. Colstoun had wound up one of his speeches with someexpression of their duty to their client. His brother sheriff waspleased, I suppose, with the transition. He took the table in hisconfidence with a gesture and a look.
"That suggests to me a consideration which seems overlooked," said he."The interest of our client goes certainly before all, but the worlddoes not come to an end with James Stewart." Whereat he cocked his eye."I might condescend, _exempli gratia_, upon a Mr. George Brown, a Mr.Thomas Miller, and a Mr. David Balfour. Mr. David Balfour has a verygood ground of complaint, and I think, gentlemen--if his story wasproperly red out--I think there would be a number of wigs on the green."
The whole table turned to him with a common movement.
"Properly handled and carefully red out, his is a story that couldscarcely fail to have some consequence," he continued. "The wholeadministration of justice, from its highest officer downward, would betotally discredited; and it looks to me as if they would need to bereplaced." He seemed to shine with cunning as he said it. "And I neednot point out to ye that this of Mr. Balfour's would be a remarkablebonny cause to appear in," he added.
Well, there they all were started on another hare; Mr. Balfour's cause,and what kind of speeches could be there delivered, and what officialscould be thus turned out, and who would succeed to their positions. Ishall give but the two specimens. It was proposed to approach SymonFraser, whose testimony, if it could be obtained, could prove certainlyfatal to Argyle and Prestongrange. Miller highly approved of theattempt. "We have here before us a dreeping roast," said he, "here iscut-and-come-again for all." And methought all licked their lips. Theother was already near the end. Stewart the Writer was out of the bodywith, delight, smelling vengeance on his chief enemy, the Duke.
"Gentlemen," cried he, charging his glass, "here is to Sheriff Miller.His legal abilities are known to all. His culinary, this bowl in frontof us is here to speak for. But when it comes to the poleetical!"--crieshe, and drains the glass.
"Ay, but it will hardly prove politics in your meaning, my friend," saidthe gratified Miller. "A revolution, if you like, and I think I canpromise you that historical writers shall date from Mr. Balfour's cause.But properly guided, Mr. Stewart, tenderly guided, it shall prove apeaceful revolution."
"And if the damned Campbells get their ears rubbed, what care I?" criesStewart, smi
ting down his fist.
It will be thought I was not very well pleased with all this, though Icould scarce forbear smiling at a kind of innocency in these oldintriguers. But it was not my view to have undergone so many sorrows forthe advancement of Sheriff Miller or to make a revolution in theParliament House: and I interposed accordingly with as much simplicityof manner as I could assume.
"I have to thank you, gentlemen, for your advice," said I. "And now Iwould like, by your leave, to set you two or three questions. There isone thing that has fallen rather on one side, for instance: Will thiscause do any good to our friend James of the Glens?"
They seemed all a hair set back, and gave various answers, butconcurring practically in one point, that James had now no hope but inthe King's mercy.
"To proceed, then," said I, "will it do any good to Scotland? We have asaying that it is an ill bird that fouls his own nest. I rememberhearing we had a riot in Edinburgh when I was an infant child, whichgave occasion to the late Queen to call this country barbarous; and Ialways understood that we had rather lost than gained by that. Then camethe year 'Forty-five, which made Scotland to be talked of everywhere;but I never heard it said we had anyway gained by the 'Forty-five. Andnow we come to this cause of Mr. Balfour's, as you call it. SheriffMiller tells us historical writers are to date from it, and I would notwonder. It is only my fear they would date from it as a period ofcalamity and public reproach."
The nimble-witted Miller had already smelt where I was travelling to,and made haste to get on the same road. "Forcibly put, Mr. Balfour,"says he. "A weighty observe, sir."
"We have next to ask ourselves if it will be good for King George," Ipursued. "Sheriff Miller appears pretty easy upon this; but I doubt youwill scarce be able to pull down the house from under him, without hisMajesty coming by a knock or two, one of which might easily provefatal."
I gave them a chance to answer, but none volunteered.
"Of those for whom the case was to be profitable," I went on, "SheriffMiller gave us the names of several, among the which he was good enoughto mention mine. I hope he will pardon me if I think otherwise. Ibelieve I hung not the least back in this affair while there was life tobe saved; but I own I thought myself extremely hazarded, and I own Ithink it would be a pity for a young man, with some idea of coming tothe bar, to ingrain upon himself the character of a turbulent, factiousfellow before he was yet twenty. As for James, it seems--at this date ofthe proceedings, with the sentence as good as pronounced--he has no hopebut in the King's mercy. May not his Majesty, then, be more pointedlyaddressed, the characters of these high officers sheltered from thepublic, and myself kept out of a position which I think spells ruin forme?"
They all sat and gazed into their glasses, and I could see they found myattitude on the affair unpalatable. But Miller was ready at all events.
"If I may be allowed to put our young friend's notion in more formalshape," says he, "I understand him to propose that we should embody thefact of his sequestration, and perhaps some heads of the testimony hewas prepared to offer, in a memorial to the Crown. This plan haselements of success. It is as likely as any other (and perhaps likelier)to help our client. Perhaps his Majesty would have the goodness to feela certain gratitude to all concerned in such a memorial, which might beconstrued into an expression of a very delicate loyalty; and I think, inthe drafting of the same, this view might be brought forward."
They all nodded to each other, not without sighs, for the formeralternative was doubtless more after their inclination.
"Paper then, Mr. Stewart, if you please," pursued Miller; "and I thinkit might very fittingly be signed by the five of us here present, asprocurators for the 'condemned man.'"
"It can do none of us any harm at least," says Colstoun, heaving anothersigh, for he had seen himself Lord Advocate the last ten minutes.
Thereupon they set themselves, not very enthusiastically, to draft thememorial--a process in the course of which they soon caught fire; and Ihad no more ado but to sit looking on and answer an occasional question.The paper was very well expressed; beginning with a recitation of thefacts about myself, the reward offered for my apprehension, mysurrender, the pressure brought to bear upon me; my sequestration; andmy arrival at Inverary in time to be too late; going on to explain thereasons of loyalty and public interest for which it was agreed to waiveany right of action; and winding up with a forcible appeal to the King'smercy on behalf of James.
Methought I was a good deal sacrificed, and rather represented in thelight of a firebrand of a fellow whom my cloud of lawyers had restrainedwith difficulty from extremes. But I let it pass, and made but the onesuggestion, that I should be described as ready to deliver my ownevidence and adduce that of others before any commission of inquiry--andthe one demand, that I should be immediately furnished with a copy.
Colstoun hummed and hawed. "This is a very confidential document," saidhe.
"And my position towards Prestongrange is highly peculiar," I replied."No question but I must have touched his heart at our first interview,so that he has since stood my friend consistently. But for him,gentlemen, I must now be lying dead or awaiting my sentence alongsidepoor James. For which reason I choose to communicate to him the fact ofthis memorial as soon as it is copied. You are to consider also thatthis step will make for my protection. I have enemies here accustomed todrive hard; his Grace is in his own country, Lovat by his side; and ifthere should hang any ambiguity over our proceedings, I think I mightvery well awake in gaol."
Not finding any very ready answer to these considerations, my company ofadvisers were at the last persuaded to consent, and made only thiscondition that I was to lay the paper before Prestongrange with theexpress compliments of all concerned.
The Advocate was at the castle dining with his Grace. By the hand of oneof Colstoun's servants I sent him a billet asking for an interview, andreceived a summons to meet him at once in a private house of the town.Here I found him alone in a chamber; from his face there was nothing tobe gleaned; yet I was not so unobservant but what I spied some halbertsin the hall, and not so stupid but what I could gather he was preparedto arrest me there and then, should it appear advisable.
"So, Mr. David, this is you?" said he.
"Where I fear I am not overly welcome, my lord," said I. "And I wouldlike before I go further to express my sense of your lordship'scontinued good offices, even should they now cease."
"I have heard of your gratitude before," he replied drily, "and I thinkthis can scarce be the matter you called me from my wine to listen to. Iwould remember also, if I were you, that you still stand on a very boggyfoundation."
"Not now, my lord, I think," said I; "and if your lordship will butglance an eye along this, you will perhaps think as I do."
He read it sedulously through, frowning heavily; then turned back to onepart and another which he seemed to weigh and compare the effect of. Hisface a little lightened.
"This is not so bad but what it might be worse," said he; "though I amstill likely to pay dear for my acquaintance with Mr. David Balfour."
"Rather for your indulgence to that unlucky young man, my lord," said I.
He still skimmed the paper, and all the while his spirits seemed tomend.
"And to whom am I indebted for this?" he asked presently. "Othercounsels must have been discussed, I think. Who was it proposed thisprivate method? Was it Miller?"
"My lord, it was myself," said I. "These gentlemen have shown me no suchconsideration, as that I should deny myself any credit I can fairlyclaim, or spare them any responsibility they should properly bear. Andthe mere truth is, that they were all in favour of a process whichshould have remarkable consequences in the Parliament House, and provefor them (in one of their own expressions) a dripping roast. Before Iintervened, I think they were on the point of sharing out the differentlaw appointments. Our friend Mr. Symon was to be taken in upon somecomposition."
Prestongrange smiled. "These are our friends!" said he. "And what wereyour reasons
for dissenting, Mr. David?"
I told them without concealment, expressing, however, with more forceand volume those which regarded Prestongrange himself.
"You do me no more than justice," said he. "I have fought as hard inyour interest as you have fought against mine. And how came you hereto-day?" he asked. "As the case drew out, I began to grow uneasy that Ihad clipped the period so fine, and I was even expecting you to-morrow.But to-day--I never dreamed of it."
I was not, of course, going to betray Andie.
"I suspect there is some very weary cattle by the road," said I.
"If I had known you were such a mosstrooper you should have tastedlonger of the Bass," says he.
"Speaking of which, my lord, I return your letter." And I gave him theenclosure in the counterfeit hand.
"There was the cover also with the seal," said he.
"I have it not," said I. "It bore naught but the address, and could notcompromise a cat. The second enclosure I have, and with your permission,I desire to keep it."
I thought he winced a little, but he said nothing to the point."To-morrow," he resumed, "our business here is to be finished, and Iproceed by Glasgow. I would be very glad to have you of my party, Mr.David."
"My lord...." I began.
"I do not deny it will be of service to me," he interrupted. "I desireeven that, when we shall come to Edinburgh you should alight at myhouse. You have very warm friends in the Miss Grants, who will beoverjoyed to have you to themselves. If you think I have been of use toyou, you can thus easily repay me, and so far from losing, may reap someadvantage by the way. It is not every strange young man who is presentedin society by the King's Advocate."
Often enough already (in our brief relations) this gentleman had causedmy head to spin; no doubt but what for a moment he did so again now.Here was the old fiction still maintained of my particular favour withhis daughters, one of whom had been so good as laugh at me, while theother two had scarce deigned to remark the fact of my existence. And nowI was to ride with my lord to Glascow; I was to dwell with him inEdinburgh; I was to be brought into society under his protection! Thathe should have so much good-nature as to forgive me was surprisingenough; that he could wish to take me up and serve me seemed impossible;and I began to seek for some ulterior meaning. One was plain. If Ibecame his guest, repentance was excluded; I could never think better ofmy present design and bring any action. And besides, would not mypresence in his house draw out the whole pungency of the memorial? Forthat complaint could not be very seriously regarded, if the personchiefly injured was the guest of the official most incriminated. As Ithought upon this, I could not quite refrain from smiling.
"This is in the nature of a countercheck to the memorial?" said I.
"You are cunning, Mr. David," said he, "and you do not wholly guesswrong; the fact will be of use to me in my defence. Perhaps, however,you underrate my friendly sentiments, which are perfectly genuine. Ihave a respect for you, Mr. David, mingled with awe," says he, smiling.
"I am more than willing, I am earnestly desirous to meet your wishes,"said I. "It is my design to be called to the bar, where your lordship'scountenance would be invaluable; and I am besides sincerely grateful toyourself and family for different marks of interest and of indulgence.The difficulty is here. There is one point in which we pull two ways.You are trying to hang James Stewart, I am trying to save him. In so faras my riding with you would better your lordship's defence, I am at yourlordship's orders; but in so far as it would help to hang James Stewart,you see me at a stick."
I thought he swore to himself. "You should certainly be called; the baris the true scene for your talents," says he, bitterly, and then fell awhile silent. "I will tell you," he presently resumed, "there is noquestion of James Stewart, for or against. James is a dead man; his lifeis given and taken--bought (if you like it better) and sold; no memorialcan help--no defalcation of a faithful Mr. David hurt him. Blow high,blow low, there will be no pardon for James Stewart: and take that forsaid! The question is now of myself: am I to stand or fall? and I do notdeny to you that I am in some danger. But will Mr. David Balfourconsider why? It is not because I have pushed the case unduly againstJames; for that, I am sure of condonation. And it is not because I havesequestered Mr. David on a rock, though it will pass under that colour;but because I did not take the ready and plain path, to which I waspressed repeatedly, and send Mr. David to his grave or to the gallows.Hence the scandal--hence this damned memorial," striking the paper onhis leg. "My tenderness for you has brought me in this difficulty. Iwish to know if your tenderness to your own conscience is too great tolet you help me out of it?"
No doubt but there was much of the truth in what he said; if James waspast helping, whom was it more natural that I should turn to help thanjust the man before me, who had helped myself so often, and was even nowsetting me a pattern of patience? I was besides not only weary, butbeginning to be ashamed of my perpetual attitude of suspicion andrefusal.
"If you will name the time and place, I will be punctually ready toattend your lordship," said I.
He shook hands with me. "And I think my misses have some news for you,"says he, dismissing me.
I came away, vastly pleased to have my peace made, yet a littleconcerned in conscience; nor could I help wondering, as I went back,whether, perhaps, I had not been a scruple too good-natured. But therewas the fact, that this was a man that might have been my father, anable man, a great dignitary, and one that, in the hour of my need, hadreached a hand to my assistance. I was in the better humour to enjoy theremainder of that evening, which I passed with the advocates, inexcellent company no doubt, but perhaps with rather more than asufficiency of punch: for though I went early to bed I have no clearmind of how I got there.
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