She thanked Mr. Hennessy with the tears in her eyes.
"I dare not ask you whether you think him guilty," she said.
Hennessy shook his head with an air of good-natured rebuke.
"You must not cross-examine counsel," said he. "But, if it will be any
comfort to you, I'll say this much, there was just a shadow of doubt, and
Tollemache certainly let a chance slip. If I had defended your friend, I
would have insisted on a postponement of the trial until this Arthur
Wardlaw" (looking at his note-book) "could be examined, either in court
or otherwise, if he was really dying. Is he dead, do you know?"
"No."
"I thought not. Sick witnesses are often at death's door; but I never
knew one pass the threshold. Ha! ha! The trial ought to have been
postponed till he got well. If a judge refused me a postponement in such
a case, I would make him so odious to the jury that the prisoner would
get a verdict in spite of his teeth."
"Then you think he was badly defended?"
"No; that is saying a great deal more than I could justify. But there are
counsel who trust too much to their powers of reasoning, and underrate a
chink in the evidence pro or con. Practice, and a few back-falls, cure
them of that."
Mr. Hennessy uttered this general observation with a certain change of
tone, which showed he thought he had said as much or more than his
visitor had any right to expect from him; and she therefore left him,
repeating her thanks. She went home, pondering on every word he had said,
and entered it all in her journal, with the remark: "How strange! the
first doubt of Robert's guilt comes to me from the lawyer who caused him
to be found guilty. He calls it the shadow of a doubt."
That very evening, Mr. Freshfield had the courtesy to send her by
messenger the name and address of the solicitor who had defended Robert
Penfold, Lovejoy & James, Lincoln's Inn Fields. She called on them, and
sent in her card. She was kept waiting a long time in the outer office,
and felt ashamed, and sick at heart, seated among young clerks. At last
she was admitted, and told Mr. Lovejoy she and her father, General
Rolleston, were much interested in a late client of his, Mr. Robert
Penfold; and would he be kind enough to let her see the brief for the
defense?
"Are you a relation of the Penfolds, madam?"
"No, sir," said Helen blushing.
"Humph!" said Lovejoy. He touched a hand-bell. A clerk appeared.
"Ask Mr. Upton to come to me." Mr. Upton, the managing clerk, came in due
course, and Mr. Lovejoy asked him:
"Who instructed us in the Queen _v._ Penfold?"
"It was Mr. Michael Penfold, sir." Mr. Lovejoy then told Helen that she
must just get a line from Mr. Michael Penfold, and then the papers should
be submitted to her.
"Yes; but, sir," said Helen, "Mr. Penfold is in Scotland."
"Well, but you can write to him."
"No; I don't know in what part of Scotland he is."
"Then you are not very intimate with him."
"No, sir; my acquaintance is with Mr. Robert Penfold."
Public-domain text, read in full here on John Shaqi.
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