Wilson's Tales of the Borders and of Scotland, Volume 23
General
Wilson's Tales of the Borders and of Scotland, Volume 23
Scottish Borders (Scotland) -- Fiction
the 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 in her eye, and
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account