The Deemster

CHAPTER XXXIV

A RUDE TRIBUNAL

The course taken by the coroner and his seven men, with Mona on the horse, came to a triangle of mountain-paths above a farm known as the Sherragh Vane. One path wound close under the west foot of Snaefell, another followed the bed of the river that ran through a glen called Crammag, and the third joined these two by crossing the breast of Beinn-y-Phott. At the acute angle of the Sherragh Vane the coroner drew up.

"Can any one see the lead shaft?" he asked. None could see it. The darkness had lifted away, and the crown of Snaefell was bare against the sky, like an islet of green floating over a cloud of vapor. But the mists still lay thick on the moorlands, and even the high glens were obscure.

"It must be yonder, about a mile and a half up the river," said the coroner.

The lead mine was in the southeast angle of the triangle of paths, under the southwest of Snaefell and the north of Beinn-y-Phott. For some minutes the company was at a stand while the coroner considered their movements.

Mona's impatience was manifest. "Let us push on," she said.

The coroner merely eyed her largely, and resumed his deliberations.

"Oh! how we waste our time," she said again. "If the lead mine is there, what have we to do but reach it?"

The coroner with an insolent smile inquired if the lady felt the cold.

"He is in danger for his life, and here we waste the precious minutes in idle talk," she answered.

"Danger for his life," the coroner echoed, and laughed coldly. Then in a tone of large meaning he added, "Possible, possible," and smiled at his own subtle thought.

Mona's anxiety mastered her indignation.

"Look, the mist is lifting. See, there is the shed – there in the gap between the hills, and it is the very place I saw. Come, make haste – look, it is daylight."

"Be aisy, be aisy. If they're in yonder shed, they are packed as safe as herrings in a barrel," said the coroner.

Then he divided his forces. Three men he sent down the path of the Glent Crammag. Two he left where they then stood to guard that outlet to the Curraghs of the north and west. Two others were to creep along the path under Snaefell, and shut out the course to the sea and the lowlands on the south and east. He himself would walk straight up to the shed, and his seven men as they saw him approach it were to close quickly in from the three corners of the triangle.

"Is it smoke that's rising above the shed? A fire? Possible. He thinks he's safe, I'll go bail. Och! yes, and maybe eating and drinking and making aisy. Now, men, away with you."

Within the shed itself at that moment there was as grim a scene as the eye of man has yet looked upon. The place was a large square building of two rooms, one on the ground-level and the other above it, the loft being entered by a trap in the floor with a wooden ladder down the wall. It had once served as gear-shed and office, stable, and store, but now it was bare and empty. In the wall looking east there was a broad opening without door, and in the wall looking north a narrow opening without window. To a hasp in the jamb of the doorway the big mare was tethered, and in the draught between the two openings the lad Davy with wandering mind was kindling a fire of gorse over two stones. The smoke filled the place, and through its dense volumes in the dusk of that vaporous dawn the faces of the men were bleared and green and haggard. The four fishermen stood in a group together, with old Quilleash a pace to the fore, the fowling-piece in his hand, its butt on the ground. Before him and facing him, two paces in front, stood Dan, his arms still bound to his sides, his head uncovered, and his legs free. There was a gaunt earnestness in every face.

"Listen to me," said old Quilleash. "We're going to judge and jury you, but all fair and square, as God is above us, and doing nothing that we can't answer for when the big day comes and every man has to toe his mark. D'ye hear what we're saying, sir?"

Dan hoved his head slightly by way of assent.

"We've trapped you, it's true, and fetched you by force, that's sartin; but we mean to be just by you, and no violence; and it's spakin' the truth we're going to do, and never a word of a lie."

The other men muttered "Ay, ay;" and Quilleash went on: "We're chaps what believes in a friend, and buckin' up for them as bucks up for you, and being middlin' stanch, and all to that; but we're after doing it once too often."

"So we are," said Crennell, and the others muttered again, "Ay, ay."

Quilleash spat behind his hand and continued: "The long and short of it is that you're goin' middlin' straight for hanging us, and it isn't natheral as we're to stand by and see it done."

Dan lifted his face from the ground. "I meant to do you no harm, my good fellows," he said, quickly.

"Meaning's meaning, but doing's doing, and we've heard all that's going," said Quilleash. "You've surrendered and confessed, and the presentment is agen us all, and what's in for you is in for us."

"But you are innocent men. What need you fear?"

"Innocent we be, but where the Deemster comes there's not a ha'p'orth to choose between you and us."

Dan's face flushed, and he answered warmly, "Men, don't let your miserable fears make cowards of you. What have you done? Nothing. You are innocent. Yet how are you bearing yourselves? Like guilty men. If I were innocent do you think I would skulk away in the mountains?"

"Aisy, sir, take it aisy. Maybe you'd rather run like a rat into a trap. Cowards? Well, pozzible, pozzible. There's nothing like having a wife and a few childers for making a brave chap into a bit of a skunk. But we'll lave 'cowards' alone if you plaze."

Quilleash made a dignified sweep of the back of his hand, while the other men said, "Better, better."

"Why have you brought me here?" said Dan.

"There isn't a living sowl knows where you are, and when they find you're missing at the Castle they'll say you've thought better of it and escaped."

"Why have you brought me here?" Dan repeated.

"The Whitehaven boat left Ramsey after we dropped anchor in the bay last night, and they'll say you've gone off to England."

"Tell me why you have brought me to this place."

"We are alone and can do anything we like with you, and nobody a ha'p'orth the wiser."

"What do you mean to do?"

Then they told him of the alternative of life or death. There was nothing against him but his own confession. If he but held his tongue there was not enough evidence to hang a cat. Let him only promise to plead "Not guilty" when the trial came on, and they were ready to go back with him and stand beside him. If not —

"What then?" Dan asked.

"Then we'll be forced – " said Quilleash, and he stopped.

"Well?"

"I'm saying we'll be forced – " He stopped again.

"Out with it, man alive," Teare broke in – "forced to shoot him like a dog."

"Well, that's only spakin' the truth anyway," said Quilleash, quietly.

Davy Fayle leapt up from the fire with a cry of horror. But Dan was calm and resolute.

"Men, you don't know what you're asking. I can not do it."

"Aisy sir, aisy, and think agen. You see we're in if you're in, and who's to know who's deepest?"

"God knows it, and he will never allow you to suffer."

"We've childers and wives looking to us, and who can tell how they'd fend in the world if we were gone?"

"You're brave fellows, and I'm sorry for the name I gave you."

"Shoo! Lave that alone. Maybe we spoke back. Let's come to the fac's."

They stated their case again and with calm deliberation. He asked how it could mend their case if his life was taken. They answered him that they would go back and surrender, and stand their trial and be acquitted.

Those four men were as solemn a tribunal as ever a man stood before for life or death. Not a touch of passion, hardly a touch of warmth, disturbed their rude sense of justice.

"We're innocent, but we're in it, and if you stand to it we must stand to it, and what's the use of throwing your life away?"

Dan looked into their haggard faces without wavering. He had gone too far to go back now. But he was deeply moved.

"Men," he said, "I wish to God I could do what you ask, but I can not, and, besides, the Almighty will not let any harm come to you."

There was a pause, and then old Quilleash said with quiet gravity, "I'm for religion myself, and singing hymns at whiles, and maybe a bit of a spell at the ould Book, but when it comes to trusting for life, d – d if I don't look for summat substantial."

As little was their stubborn purpose to be disturbed by spiritual faith as Dan's resolution was to be shaken by bodily terrors. They gave him as long to decide as it took a man to tell a hundred. The counting was done by Teare amid dead silence of the others.

Then it was that, thinking rapidly, Dan saw the whole terrible issue. His mind went back to the visit of the Bishop to the castle, and to the secret preparations that had been made for his own escape. He remembered that the sumner had delivered up his keys to the Bishop, and that the Bishop had left the door of the cell open. In a quick glance at the facts he saw but too plainly that if he never returned to take his trial it would be the same to his father as if he had accepted the means of escape that had been offered him. The Bishop, guilty in purpose, but innocent in fact, would then be the slave of any scoundrel who could learn of his design. Though his father had abandoned his purpose, he would seem to have pursued it, and the people whom he had bribed to help him would but think that he had used other instruments. There could be only one explanation of his absence – that he escaped; only one means of escape – the Bishop; only one way of saving the Bishop from unmerited and life-long obloquy – returning to his trial; and only one condition of going back alive – promising to plead "Not guilty" to the charge of causing the death of Ewan.

It was an awful conflict of good passions with passions that were not bad. At one moment the sophistry took hold of him that, as his promise was being extorted by bodily threats, it could not be binding on his honor; that he might give the men the word they wanted, go back to save his father, and finally act at the trial as he knew to be best. But at the next moment in his mind's eye he saw himself in the prisoner's dock by the side of these five brave fellows, all standing for their lives, all calmly trusting in his promise, and he heard himself giving the plea that might send them to their deaths. Better any consequences than such treachery. Truth it must be at all costs; truth to them and to himself. And as for the Bishop, when did the Almighty ask for such poor help as the lie of a blood-stained criminal to save the honor of a man of God?

It was a terrible crisis of emotion, but it was brief. The counting ended, and Quilleash called for the answer.

"No, I can not do it – God forgive me, I wish I could," said Dan, in a burst of impatience.

It was said. The men made no reply to it. There was awful quiet among them. They began to cast lots. Five copper coins of equal size, one of them marked with a cross scratched with the point of a nail, they put into the bag. One after one they dipped a hand and drew out a coin, and every man kept his fist clenched till all had drawn. The lad was not for joining, but the men threatened him, and he yielded. Then all hands were opened together.

The lot had fallen to Davy Fayle. When he saw this, his simple face whitened visibly and his lip lagged very low. Old Quilleash handed him the gun, and he took it in a listless way, scarcely conscious of what was intended.

"What's goin' doing?" he asked vacantly.

The men told him that it was for him to do it.

"Do what?" he asked, dazed and stupid.

Shamefully, and with a touch of braggadocio, they told what he had to do, and then his vacant face became suddenly charged with passion, and he made a shriek of terror and let the gun fall. Quilleash picked the gun from the ground and thrust it back into Davy's hand.

"You've got to do it," he said; "the lot's fallen to you, and it's bad work flying in the face of fate."

At first Davy cried that nothing on God's earth would make him do it; but suddenly he yielded, took the gun quickly, and was led to his place three of four paces in front of where Dan stood with his arms bound at his sides, his face of an ashy whiteness and his eyes fearful to look upon.

"I can't kill him while he's tied up like that," said Davy. "Loose him, and then I'll shoot."

The men had been startled by Davy's sudden acquiescence, but now they understood it. Not by so obvious a ruse were they to be deceived. They knew full well that Dan as a free man was a match for all four of them unarmed.

"You're meaning to fire over his head," they said to Davy; and carried away by his excitement, and without art to conceal his intention, the lad cried hysterically, "That's the truth, and so I am."

The men put their heads together, and there was some hurried whispering. At the next minute they had laid hold of Davy, bound him as Dan was bound, and put him to stand at Dan's side. This they did with the thought that Davy was now Dan's accomplice.

Then again they cast lots as before. This time the lot fell to Quilleash. He took his stand where the lad had stood, and put the trigger of the gun at cock.

"Men," he said, "if we don't take this man's life nothing will hould him but he'll take ours; and it's our right to protect ourselves, and the ould Book will uphold us. It isn't murder we're at, but justice, and Lord A'mighty ha' massy on their sowls!"

"Give him another chance," said Teare, and Quilleash, nothing loath, put his question again. Dan, with a glance at Davy, answered as before, with as calm a voice, though his face was blanched, and his eyes stood out from their sockets, and his lips and nostrils quivered.

Then there was silence, and then down on their knees behind Quilleash fell the three men, Crennel, Corkell, and Teare. "Lord ha' massy on their sowls!" they echoed, and Quilleash raised the gun.

Never a word more did Dan say, and never a cry or a sign came from Davy Fayle. But Quilleash did not fire. He paused and listened, and turning about he said, in an altered tone, "Where's the horse?"

The men lifted their heads and pointed, without speaking, to where the horse was tethered by the doorway. Quilleash listened with head aslant. "Then whose foot is that?" he said.

The men leapt to their feet. Teare was at the doorway in an instant. "God A'mighty, they're on us!" he said in an affrighted whisper.

Then two of the others looked, and saw that from every side the coroner and his men were closing in upon them. They could recognize every man, though the nearest was still half a mile away. For a moment they stared blankly in to each other's faces, and asked themselves what was to be done. In that moment every good and bad quality seemed to leap to their faces. Corkell and Crennell, seeing themselves outnumbered, fell to a bout of hysterical weeping. Teare, a fellow of sterner stuff, without pity or ruth, seeing no danger for them if Dan were out of sight, was for finishing in a twinkling what they had begun – shooting Dan, flinging him into the loft above, down the shaft outside, or into a manure-hole at the doorway, that was full of slimy filth and was now half-frozen over.

Quilleash alone kept his head, and when Teare had spoken the old man said, "No," and set his lip firm and hard. Then Dan himself, no less excited than the men themselves, called and asked how many they were that were coming. Crennell told him nine – seven men and the coroner, and another – it might be a woman – on a horse.

"Eight men are not enough to take six of us," said Dan. "Here, cut my rope and Davy's – quick."

When the men heard that, and saw by the light of Dan's eyes that he meant it, and that he whose blood they had all but spilled was ready to stand side by side with them and throw in his lot with their lot, they looked stupidly into each other's eyes, and could say nothing. But in another breath the evil spirit of doubt had taken hold of them, and Teare was laughing bitterly in Dan's face.

Crennell looked out at the doorway again. "They're running, we're lost men," he said; and once more he set up his hysterical weeping.

"Dowse that," said Quilleash; "where's your trustin' now?"

"Here, Billy," said Dan eagerly, "cut the lad's rope and get into the loft, every man of you."

Without waiting to comprehend the meaning of this advice, realizing nothing but that the shed was surrounded and escape impossible, two of them, Crennell and Corkell, clambered up the ladder to the loft. Old Quilleash, who from the first moment of the scare had not budged an inch from his place on the floor, stood there still with the gun in his hand. Then Dan, thinking to free himself by burning one strand of the rope that bound him, threw himself down on his knees by the fire of gorse and wood, and held himself over it until one shoulder and arm and part of his breast were in the flame. For a moment it seemed as if, bound as he was, he must thrust half his body into the fire, and roll in it, before the rope that tied him would ignite. But at the next moment he had leaped to his feet with a mighty effort, and the rope was burning over his arm.

At that same moment the coroner and the seven men with Mona riding behind them, came up the doorway of the shed. There they drew up in consternation. No sight on earth was less like that they had looked to see than the sight they then beheld.

There, in a dense cloud of smoke, was Davy Fayle, still bound and helpless, pale and speechless with affright; and there was Dan, also bound, and burning over one shoulder as if the arm itself were afire, and straining his great muscles to break the rope that held him. Quilleash was in the middle of the floor as if rooted to the spot, and his gun was in his hands. Teare was on the first rung of the wall-ladder, and the two white faces of Corkell and Crennell were peering down from the trap-hole above.

"What's all this?" said the coroner.

Then Teare dropped back from the ladder and pointed at Dan and said, "We caught him and were taking him back to you, sir. Look, that's the way we strapped him. But he was trying to burn the rope and give us the slip."

Dan's face turned black at that word of treachery, and a hoarse cry came from his throat.

"Is it true?" said the coroner, and his lip curled as he turned to Dan. Davy Fayle shouted vehemently that it was a lie, but Dan, shaking visibly from head to foot, answered quietly and said, "I'll not say no, coroner."

At that Quilleash stepped out. "But I'll say no," he said, firmly. "He's a brave man, he is; and maybe I'm on'y an ould rip, but d – me if I'm goin' to lie like that for nobody – no, not to save my own sowl."

Then in his gruff tones, sometimes faltering, sometimes breaking into deep sobs, and then rising to deeper oaths, the old fellow told all. And that night all six of them – Dan, the four fishermen, and the lad Davy – were lodged in the prison at Castle Rushen.

CHAPTER XXXV

THE COURT OF GENERAL JAIL DELIVERY

From Christmas-tide onward through the dark months, until a "dream of spring" came once again on the slumbering face of winter, the six men lay in Castle Rushen. Rumors from within the gray walls of the jail told that some of them were restive under their punishment, and that the spirits of others sank under it, but that Dan bore up with the fortitude of resignation, and, though prone to much sadness, with even the cheerfulness of content. It was the duty of each man to take his turn at cleaning the cell, and it was said that Dan's turn seemed by his own counting to come frequently. Reproaches he bore with humility, and on one occasion he took a blow from Crennell, who was small of stature and had a slight limp in one leg. Constant bickerings were rife among them, and Dan was often their subject of quarrel, and still oftener their victim; but they had cheerful hours, too, and sometimes a laugh together.

Such were some of the reports that made gossip outside, where public curiosity and excitement grew keener as the half-yearly sitting of the Court of General Jail Delivery drew nearer. Copper riots and felonies of all descriptions, disputes as to tithe, and arbitrations as to the modes of counting the herrings, sank out of sight in prospect of the trial of Dan and his crew. From Point of Ayr to the Calf of Man it was the engrossing topic, and none living could remember a time when public feeling ran so high. The son of the Bishop was to be tried for the murder of the son of the Deemster, and a bigger issue could no man conceive. Variable enough was the popular sympathy – sometimes with Dan, sometimes against him, always influenced by what way the wave of feeling flowed with regard to the Deemster and the Bishop. And closely were these two watched at every turn.