A day or two passed quietly, and the damaged man already was little the
worse of his adventure. Then, however, the rumour quickly spread that
not only had the Captain been assaulted, but that he had been robbed.
Gossip flew from tongue to tongue, and folk began to look askance on
Wallace and Hislop, muttering that "they aye kenned what was to be the
outcome"; for who, thought they, but Wallace and Hislop could have been
the robbers? They had found him lying, the worse of liquor, having
damaged his head in falling, and they had robbed him, either then or
when they undressed him in his room, believing that he would have no
recollection of what money he had carried that night, nor, indeed, much
of the events of the entire evening. It was all quite plain, said those
amateur detectives. They wondered what the fiscal was thinking of that
he had not clapped the two in jail lang syne. So it fell out that,
almost before they realised their danger, the two men were at Jedburgh,
being tried on a capital charge.
The evidence brought against them was for the most part of no great
account, and the old sea captain was unable to say that either man had
assaulted him, or, indeed, that he had any clear recollection of
anything that had happened after he left the inn. They might have got
off--indeed they _would_ have got off--but for one unfortunate
circumstance, which in the eyes of the jury completely damned them. In
possession of one of them was found a guinea, which the captain had no
hesitation in identifying as a peculiarly-marked coin which he had
carried about with him for many years. That was enough for the jury.
They and counsel for the prosecution would credit no explanation.
The story told by Hislop and Wallace was that on the night of the
assault they had been drinking and playing cards in a public-house in
Kelso; that late in the evening a soldier had come in and had joined in
the game, losing a considerable sum; that in consequence of his losses
he had produced a guinea, and had asked if any of the company could
change it. Hislop had given change, and the guinea found in his
possession was that which he had got from the soldier. "A story that
would not for a moment hold water," said counsel, when the unfortunate
men failed to produce evidence in support of their story; and the judge,
in his summing up, agreeing with the opinion of counsel for the
prosecution, the jury brought in a verdict of guilty, and both men were
condemned to be hanged.
Public-domain text, read in full here on John Shaqi.
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