Romances of the old town of EdinburghLeighton, Alexander
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Romances of the old town of Edinburgh
Leighton, Alexander
Edinburgh (Scotland) -- Fiction; Short stories, English -- Scottish authors
criminal will, in ninety-nine cases out of a hundred, deny, and deny
boldly. But our case threw a new light on the old law, and the Lord
Advocate was slow to indict where he saw not only reasons for failure,
but also rising difficulties which might strike at the respect upon
which the law was founded.
The affair hung loose for a time; and Lindsay’s friends, anxious to
save him, got him induced to run his letters,--the effect of which is
to give the prosecutor a period wherein to try the culprit, on failure
of which the person charged is free. The same was done by Effie’s
father; but quickened as the Lord Advocate was, the difficulty still
met him like a ghost that would not be laid,--that if he put Effie
at the bar, Lindsay would appear in the witness-box; and if he put
Lindsay on his trial, Effie would swear he was innocent; and as for
two people forging _the same name_, the thing had never been heard of.
And so it came to pass that the authorities at last, feeling they were
in a cleft stick, where if they relieved one hand the other would be
caught, were inclined to liberate both panels. But the bank was at that
time preyed upon by forgeries, and were determined to make an example
now when they had a culprit, or perhaps two. The consequence was,
that the authorities were forced to give way, vindicating their right
of choice as to the party they should arraign. That party was Effie
Carr; and the choice justified itself by two considerations: that she,
by writing and uttering the cheque, was so far committed by evidence
exterior to her self-inculpation; and secondly, that Lindsay might
break down in the witness-box under a searching examination. Effie was
therefore indicted and placed at the bar. She pleaded guilty, but the
prosecutor notwithstanding led evidence; and at length Lindsay appeared
as a witness for the defence. The people who crowded the court had been
aware from report of the condition in which Lindsay stood; but the deep
silence which reigned throughout the hall when he was called to answer
evinced the doubt whether he would stand true to his self-impeachment.
The doubt was soon solved. With a face on which no trace of fear could
be perceived, with a voice in which there was no quaver, he swore
that it was he who signed the draft and sent Effie for the money. The
oscillation of sympathy, which had for a time been suspended, came
round again to the thin pale girl, who sat there looking wistfully and
wonderingly into the face of the witness; and the murmuring approbation
that broke out, in spite of the shrill “Silence” of the crier,
expressed at once admiration of the man--criminal as he swore himself
to be--and pity for the accused. What could the issue be? Effie was
acquitted, and Lindsay sent back to gaol. Was he not to be tried? The
officials felt that the game was dangerous. If Lindsay had stood firm
in the box, had not Effie sat firm at the bar, with the very gallows
Public-domain text, read in full here on John Shaqi.
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