Philip had never been in a court of law before. I am almost as ignorant as he was, yet I cannot imagine anything more deeply interesting than to find one’s self suddenly one of a crowded assembly trying more or less—for is not the public but a larger jury, sometimes contradicting the verdict of the other, and when it does so almost invariably winning the cause?—a fellow-creature, following out the traces of his crime or his innocence, looking on while a human drama is unrolled, often far more interesting than any dramatic representation of life. He was confused for the moment by the crowd, by the new and unusual spectacle, by the bewilderment of seeing for the first time what he had so often heard of, the judge on the bench, the wigged barristers below, the one who was speaking, so different from any other public speaker Philip had ever heard, addressing not the assembly, but the smaller circle round him, interrupted by other voices: the accused in his place and the witness—standing there more distinctly at the bar than the culprit was—bearing his testimony before earth and heaven, with the fate of another hanging on his words. The boy was so full of the novel sight—which yet he had heard of so often that he could identify every part of it, and soon perceived the scope of what was going on—that he did not at{vol. ii_246} first listen, so full was he of the interest of what he saw. The imperturbable judge, grave, letting no emotion appear on his face; the jury, just the reverse, showing how this and that piece of evidence affected them; the barristers who were engaged, so keenly alive to everything, starting up now and then when the witness swerved from the subject, when the opposition proposed a leading question, or one that was irrelevant to the issue; the others who were not “in it,” as Simmons said, so indifferent; and then the spectators who had places about or near the central interest. Philip saw, with a sudden leap of his heart, the ladies of the theatre and park, the witch and the girl with the keen eyes, in a conspicuous place; the old lady, as he called her, full of movement and gesture, making signs to others near her, keeping up an interrupted whispering, the girl at her side as impassive as the judge himself. And then Pippo’s roving eye caught a figure seated among the barristers with an opera-glass, which made his heart jump still more. Was that the man? He had, at the moment Philip perceived him, his opera-glass in his hand: a tall man leaning back with a look of interest, very conspicuous among the wigged heads about him, with grey hair in a mass on his forehead as if it had grown thin and had been coaxed to cover some denuded place, and a face which it seemed to Philip he had seen before, a face worn—was it with study, was it with trouble? Pippo knew of no other ways in which the eyes could be so hollowed out, and the lines so{vol. ii_247} deeply drawn. A man, perhaps, hard worn with life and labor and sorrow. A strange sympathy sprang up in the boy’s mind: he was sure he knew the face. It was a face full of records, though young Philip could not read them—the face, he thought, of a man who had had much to bear. Was it the same man who had fixed so strange a gaze upon himself at the theatre? And what interest could this man have in the trial that was going on?

The accused at the bar was certainly not of a kind to arouse the interest which sprang into being at sight of this worn and noble hero. He had the air of a comfortable man of business, a man evidently well off, surprised at once and indignant to find himself there, sometimes bursting with eagerness to explain, sometimes leaning back with an air of affected contempt—not a good man in trouble, as Philip would have liked to think him, nor a criminal fully conscious of what might be awaiting him; but a man of the first respectability, indignant and incredulous that anything should be brought against him. Philip felt himself able to take no interest whatever in Mr. Brown.

It was not till he had gone through all these surprises and observations that he began to note what was being said. Philip was not learned in the procedure of the law, nor did he know anything about the case; but it became vaguely apparent to him after awhile that the immediate question concerned the destruction of the books of a joint-stock company, of which{vol. ii_248} Brown was the manager, an important point which the prosecution had some difficulty in bringing home to him. After it had been proved that the books had been destroyed, and that so far as was known it was to Brown’s interest alone to destroy them, the evidence as to what had been seen on the evening on which this took place suddenly took a new turn, and seemed to introduce a new actor on the scene. Some one had been seen to enter the office in the twilight who could not be identified with Brown; whom, indeed, even Philip, with his boyish interest in the novelty of the proceedings, vaguely perceived to be another man. The action of the piece, so to speak (for it was like a play to Philip), changed and wavered here—and he began to be sensible of the character of the different players in it. The counsel for the prosecution was a well-known and eminent barrister, one of the most noted of the time, a man before whom witnesses trembled, and even the Bench itself was sometimes known to quail. That this was the case on the present occasion Philip vaguely perceived. There were points continually arising which the opposing counsel made objections to, appealing to the judge; but it rarely failed that the stronger side, which was that of the prosecution, won the day. The imperious accuser, whose resources of precedent and argument seemed boundless, carried everything with a high hand. The boy, of course, was not aware of the weakness of the representative of the majesty of the law, nor the inferiority,{vol. ii_249} in force and skill, of the defence; but he gradually came to a practical perception of how the matter stood.

Philip listened with growing interest, sometimes amused, sometimes indignant, as the remorseless prosecutor ploughed his way through the witnesses, whom he bullied into admissions that they were certain of nothing, and that in the dusk of that far-off evening, the man whom they had sworn at the time to be quite unlike him, might in reality have been Brown. Philip got greatly interested in this question. He took up the opposite side himself with much heat, feeling as sure as if he had been there that it was not Brown: and he was delighted in his excitement, when there stood up one man who would not be bullied, a man who had the air of a respectable clerk of the lower class, and who held his own. He had been an office boy, the son apparently of the housekeeper in charge of the premises referred to when the incident occurred, and the gist of his evidence was that the prisoner at the bar—so awful a personage once to the little office boy, so curtly discussed now as Brown—had left the office at four o’clock in the afternoon of the 6th of September, and had not appeared again.

“A different gentleman altogether came in the evening, a much taller man, with a large moustache.”

“Where was it that you saw this man?”

“Slipping in at the side door of the office as if he didn’t want to be seen.{vol. ii_250}”

“Was that a door which was generally open, or used by the public?”

“Never, sir; but none of the doors were used at that time of night.”

“And how, then, could any one get admittance there?”

“Only those that had private keys; the directors had their private keys.”

“Then your conclusion was that it was a director, and that he had a right to be there?”

“I knew it was a director, sir, because I knew the gentleman,” the witness said.

“You say it was late in the evening of the 6th of September. Was it daylight at the time?”

“Oh, no, sir; nearly dark—a sort of a half light.”

“Did the person you saw go in openly, or make any attempt at concealment?”

“He had a light coat on, like the coats gentlemen wear when they go to the theatre, and something muffled round his throat, and his hat pulled down over his face.”

“Like a person who wished to conceal himself?”

“Yes, sir,” said the witness.

“And how, then, if he was muffled about the throat, and his hat pulled over his face, in the half light late in the evening, could you see that he had a large moustache?”

The witness stood and stared with his mouth open, and made no reply.

The counsel, with a louder voice and those intonations{vol. ii_251} of contemptuous insinuation which are calculated to make a man feel that he is convicted of the basest perjury, and is being held up to the reprobation of the world, repeated the question, “How could you see that he had a large moustache?”

“I saw it,” said the witness, hotly, “because I knew the gentleman.”

“And how did you know the gentleman? You thought you recognised the gentleman, and therefore, though you could not possibly perceive it, you saw his moustache? I fear that is not an answer that will satisfy the jury.”

“I submit,” said the counsel for the defence, “that it is very evident what the witness means. He recognised a man with whose appearance he was perfectly familiar.”

“I saw him,” said the witness, “as clear as I see you, sir.”

“What! in the dark, late on a September night, with a coat collar up to his ears, and a hat pulled down over his face? You see my learned friend in broad daylight, and with the full advantage of standing opposite to him and studying his looks at your leisure. You might as well say because you know the gentleman that you could see his hair was dark and abundant under his wig.”

At this a laugh ran through the court, at which Philip, listening, was furiously indignant, as it interrupted the course of the investigation. It was through the sound of this laugh that he heard the witness demand loudly,{vol. ii_252} “How could I be mistaken, when I saw Mr. Compton every day?”

Mr. Compton! Philip’s heart began to beat like the hammers of a steam-engine. Was this, then, the real issue? And who was Mr. Compton? He could not have told how it was that he somehow identified the man whom the witness had seen, or had not seen, with the man who had the opera-glass, and who had fixed a dreadful blank stare upon the other in the witness-box during a great part of this discussion. Was it he who was on his trial, and not Brown? And who was he? And where was it that Philip had known and grown familiar with that face, which, so far as he could remember, he had never seen before, but which belonged to the man who bore his own name?

When the counsel for the prosecution had turned the unfortunate witness outside in, and proved that he knew nothing and had seen nobody: and that, besides, he was a man totally unworthy of credit, who had lied from his cradle, and whose own mother and friends put no trust in him, the court adjourned for lunch. But Philip forgot that he required any lunch. His mind was filled with echoes of that name. He began to feel a strange certainty that it was the same man who had fixed him with the same gaze in the theatre. Who was Mr. Compton, and what was he? The question took the boy’s breath away.

He sat through the interval, finding a place where he could see better, through the kind offices of the usher{vol. ii_253} to whom Simmons had commended him, and waiting with impatience till the trial should be resumed. Nobody remarked the boy among the crowd of the ordinary public, many of whom remained, as he did, to see it out. Philip cared nothing about Brown: all that he wanted to know was about this namesake of his—this Compton, this other man, who was not Brown. If it was the man with the opera-glass, he was not so much excited as his young namesake, for he went to luncheon with the rest; while the boy remained counting the minutes, eager to begin the story, the drama, again. The impression left, however, on Philip’s impartial mind was that the last witness, though driven and badgered out of what wits he had by the examination, had really seen a man whom he perfectly knew, his recognition of whom was not really affected either by the twilight or the disguise.

The thrill of interest which he felt running through all his veins as the court filled again was like, but stronger than, the interest with which he had ever seen the curtain rise in the theatre. His heart beat: he felt as if in some sort it was his own fate that was going to be decided: all his prepossessions were in favour of that other accused, yet not openly accused, person who was not Brown; and yet he felt almost as sure as if he had been there that the office boy of twenty years ago had seen that man stealing in at the side door.

Young Philip did not catch the name of the next witness who was called; such a thing will happen some{vol. ii_254}times even with the quickest ear at a moment when every whisper is important. If he had heard he would probably have thought that he was deceived by his excitement, impossible as it was that such a name should have anything to do with this or any other trial. The shock therefore was unbroken when, watching with all the absorbed interest of a spectator at the most exciting play, the boy saw a lady come slowly forward into the witness-box. Philip had the same strange sense of knowing who it was that he had felt the previous witness to have in respect to the man whom he could not see, but yet had infallibly recognised: but he said to himself, No! it was not possible! No! it was not possible! She came forward slowly, put up the veil that had covered her face, and grasped the bar before her to support herself; and then the boy sprang to his feet, in the terrible shock which electrified him from head to feet! His movements, and the stifled cry he uttered, made a little commotion in the crowd, and called forth the cry of “Silence in the court.” His neighbours around him hustled him back into his place, where he sank down incapable indeed of movement, knowing that he could not go and pluck her from that place—could not rush to her side, could do nothing but sit there and gasp and gaze at his mother. His mother, in such a place! in such a case! with which—surely, surely—she could have nothing to do. Elinor Compton, at the time referred to Elinor Dennistoun, of Windyhill, in Surrey—there was no doubt about the name now. And Philip had{vol. ii_255} time enough to identify everything, name and person, for there rose a vague surging of contention about the first questions put to her, which were not evidence, according to the counsel on the other side, which he felt with fury was done on purpose to prolong the agony. During this time she stood immovable, holding on by the rail before her, her eyes fixed upon it, perfectly pale, like marble, and as still. Among all the moving, rustling, palpitating crowd, and the sharp volleys of the lawyers’ voices, and even the contradictory opinions elicited from the harassed judge himself—to look at that figure standing there, which scarcely seemed to breathe, had the most extraordinary effect. For a time Philip was like her, scarcely breathing, holding on in an unconscious sympathy to the back of the seat before him, his eyes wide open, fixed upon her. But as his nerves began to accustom themselves to that extraordinary, inconceivable sight, the other particulars of the scene came out of the mist, and grew apparent to him in a lurid light that did not seem the light of day. He saw the eager looks at her of the ladies in the privileged places, the whispers that were exchanged among them. He saw underneath the witness-box, almost within reach of her, John Tatham, with an anxious look on his face. And then he saw, what was the most extraordinary of all, the man—who had been the centre of his interest till now—the man whose name was Philip Compton, like his own; he who fixed the last witness with the stare of his opera-glass, who had kept it in perpetual{vol. ii_256} use. He had put it down now on the table before him, his arms were folded on his breast, and his head bent. Philip thought he detected now and then a furtive look under his brows at the motionless witness awaiting through the storm of words the moment when her turn would come; but though he had leant forward all the time, following every point of the proceedings with interest, he now drew back, effaced himself, retired as it were from the scene. What was there between these two? Was there any link between them? What was the drama about to be played out before Pippo’s innocent and ignorant eyes? At last the storm and wrangling seemed to come to an end, and there came out low but clear the sound of her voice. It seemed only now, when he heard his mother speak, that he was certified that so inconceivable a thing as that she should be here was a matter of fact: his mother here! Philip fixed his whole being upon her—eyes, thoughts, absorbed attention, he scarcely seemed to breathe except through her. Could she see him, he wondered, through all that crowd? But then he perceived that she saw nothing with those eyes that looked steadily in front of her, not turning a glance either to the right or left.

For some time Philip was baffled completely by the questions put, which were those to which the counsel on the other side objected as not evidence, and which seemed, even to the boy’s inexperienced mind, to be mere play upon the subject, attempts to connect her in{vol. ii_257} some way with the question as to Brown’s guilt or innocence. Something in the appearance, at this stage, of a lady so unlike the other witnesses, seemed to exercise a certain strange effect, however, quickening everybody’s interest, and when the examining counsel approached the question of the date which had already been shown to be so momentous, all interruptions were silenced, and the court in general, like Philip, held its breath. There were many there expecting what are called in the newspapers “revelations:” the defence was taken by surprise, and did not know what new piece of evidence was about to be produced: and even the examining counsel was, for such a man, subdued a little by the other complicating threads of the web among which he had to pick his way.

“You recollect,” he said in his most soothing tones, “the evening of the 6th September, 1863?”

She bowed her head in reply. And then as if that was sparing herself too much, added a low “Yes.”

“As I am instructed, you were not then married, but engaged to Mr. Philip Compton. Is that so?”

“Yes.”

“One of the directors of the company of which the defendant was manager?”

“I believe so.”

“I am sorry to have to enter upon matters so private: but there was some question, I believe, about an investment to be made of a portion of your fortune in the hands of this company?{vol. ii_258}”

“Yes.”

“You received a visit from Mr. Compton on the subject on the day I have mentioned.”

The witness made a slight movement and pause: then answered as before, but more firmly, “Yes:” she added, “not on this subject,” in a lower tone.

“You can recollect, more or less exactly, the time of his arrival?”

“Yes. It was in the evening, after dinner; in the darkening before the lamps were lit.”

“Were you looking for him on that night?”

“No; it was an unexpected visit. He was going to Ireland, and paused on his way through town to come down to Windyhill.”

“You have particular reasons for remembering the date, which make it impossible that there could be any mistake?”

“No; there could be no mistake.”

“You will perhaps inform the court, Mrs. Compton, why your memory is so exact on this point.”

Once more she hesitated for a moment, and then replied—

“It was exactly ten days before my marriage.”

“I think that will do, Mrs. Compton. I will trouble you no further,” the counsel said.

The hubbub which sprang up upon this seemed to Philip for the moment as if it were directed against his mother, which, of course, was not the case, but intended to express the indignant surprise of the defence at the{vol. ii_259} elaborate examination of a witness who had nothing to say on the main subject.

The leader on the other side, however, though taken by surprise, and denouncing the trick which his learned brother had played upon the court by producing evidence which had really nothing to do with the matter, announced his intention to put a further question or two to Mrs. Compton. Young Philip in the crowd started again from his seat with the feeling that he would like to fly at that man’s throat.

“Twenty years is a long time,” he said, “and it is difficult to be sure of any circumstance at such a distance. Perhaps the witness will kindly inform us what were the circumstances which fixed this, no doubt one of many visits, on her mind?”

Elinor turned for the first time to the side from which the question came with a little movement of that impatience which was habitual to her, which three persons in that crowd recognised in a moment as characteristic. One of these was John Tatham, who had brought her to the court, and kept near that she might feel that she was not alone; the other was her son, of whose presence there nobody knew; the third, sat with his eyes cast down, and his arms folded on his breast, not looking at her, yet seeing every movement she made.

“It was a very simple circumstance,” she said with the added spirit of that impetuous impulse: but then the hasty movement failed her, and she came back to herself and to a consciousness of the scene in which she{vol. ii_260} stood. A sort of tremulous shiver came into her voice. She paused and then resumed, “There was a calendar hanging in the hall; it caught Mr. Compton’s eye, and he pointed it out to me. It marked the 6th. He said, ‘Just ten days——’”

Here her voice stopped altogether. She could say no more. And there was an answering pause throughout the whole crowded court, a holding of the general breath, the response to a note of passion seldom struck in such a place. Even in the cross-examination there was a pause.

“Till when? What was the other date referred to?”

“The sixteenth of September,” she said in a voice that was scarcely audible to the crowd. She added still more low so that the judge curved his hand over his ear to hear her, “Our wedding day.”

“I regret to enter into private matters, Mrs. Compton, but I believe it is not a secret that your married life came to a—more rapid conclusion than could have been augured from such a beginning. May I ask what your reasons were for——”

But here the other counsel sprang to his feet, and the contention arose again. Such a question was not clearly permissible. And the prosecution was perfectly satisfied with the evidence. It narrowed the question by the production of this clear and unquestionable testimony—the gentleman whom it had been attempted to involve being thus placed out of the question, and all the statements of the previous witness about the moustache which he could not see, etc., set aside.{vol. ii_261}

Philip, it may be supposed, paid little attention to this further discussion. His eyes and thoughts were fixed upon his mother, who for a minute or two stood motionless through it, as pale as ever, but with her head a little thrown back, facing, though not looking at, the circling lines of faces. Had she seen anything she must have seen the tall boy standing up as pale as she, following her movements with an unconscious repetition which was more than sympathy, never taking his gaze from her face.

And then presently her place was empty, and she was gone.

Philip was not aware how the discussion of the lawyers ended, but only that in a moment there was vacancy where his mother had been standing, and his gaze seemed thrown back to him by the blank where she had been. He was left in the midst of the crowd, which, after that one keen sensation, fell back upon the real trial with interest much less keen.