Chapter 64689362

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Chapter NumberIX
Chapter TitleTHE PRISONER AT THE BAR.
Chapter Urlhttp://nla.gov.au/nla.news-article64689362
Full Date1868-02-13
Page Number4
Corrections0
Word Count2999
IllustratedN
Last Corrected0000-00-00
Newspaper TitlePortland Guardian and Normanby General Advertiser (Vic. : 1842 - 1876)
Trove TitleHarry Linton's Downfall: A Story of Old Sydney
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1ARlY LINTON'S DOWNFALL. A STORY OF OLD SYDNEY. 1' nI. A. ATKINS. (11'ritlen crressl foi" the Portland Guardian.) CHAPTER IX.. ITHE I'RISONER AT THII DAn, Plus que vous no pensez e moment t t terrible, La llaryp, Le Conmte do l'zrweick,. ACT 3, Seel. 5. In Iheine dons ces lieux u'a qu' on nglivo asain. Ella mnrche doun l'nmbro. La Ii aipa, Jcanne do n'aples, Equal to either fortune, Sporch of Eugene Aranm, The preliminary inquiries were over, and Ilarry was committed for trial. No case since the eslnllishment of the colony, had created so much excitem.nt as this; and the trial, which was specially arranged to take plnce before 1Mr. Justice Field, the juldgo of the then newly established Supreme Court; on thea tenth of DclLember wna looked for nward to with great interest by all classes. On the 25th of November, the day after Ilarry's arrest, Dor hafind returned home, only to learn thosad news which made lier heart stand still, and paralysed her every thought. She would not beliere in tlhe youtht's guilt, neither would Celonel Winter, nor Mr. Camp. The latter emphatically de clared his client's innocence. "I firmly believe that what the young man says is true I" he exclnitmed. " bt how shall we provuil upon a july to believe it in the laco of the evidence which will be brought ngilnst him? " On the nlternoon of the day on which Dora returned, MIr. Cnashl called on the Colo nel, fully intending to take the first step to wards gaining the ihnd of Ilanr y's oflhinced. To hisl tense nstonilshment and nnnoynnce, the old soldier at once paid him his demand, and, ringing the bell, requested old Peggy to show tthe visitor to the door. All this was done with so mu.-h chilling hattetr, that Mr. Cash was thoroughly nonplussed ; and walked awan y with the umbling conviction that his plotting had resulted in ignominious failure. , Well, one coomfort is," quotll Dog-in-the manger Cash, 'that it' I don't marry her young Lintot n on't 1 " and so hio chuckled as he walked home. That evening he had a long interview with Wilkins. They sat in a snug room over looking the harbour; and, although we can not hear what they say, we can see them sitting at the table, drinking rumi, and con versing earnestly. Wilkins appears to tbe Ithreatening his master, who listens to him nith a pale face and half-frightened look. Piesontly he srems to attempt to gain the upper hand in the dispute, but the other never allows him to do so, he Ihas by far the best of it. At length they seem to haeo come to some arrangement, and Cash hares the room, presently returning with olae money (bank notes) in his band. 110 has been absent only a mtinute or two, but now on his return, he is ghastly pale, and there is a dangerous look of determination in hisi eyes, and the firm setting of his thick j.aw. IHlsconmpanion does not seem to notice this, but feasts.thi e es greedily on the roll of notes which Cash carelessly throws him acrosss the table. It is nearly dark by this time,'and Wilkhiis goes to iheo window to count over the money. Whilst le is thus engnged, with his bock to the table, Cash qunietly draws frdm his pocket a vial contain ing a dark coloured fluid, a small quantity of which he pours into Wilkins's glass. The latter having napparently satisfied himsell that tho moner is all right, returns to the table and winking gravely at his master takes a deep draught from the glass before hitm, Ca~sh'looking on the meanwhile with anxiety and lear, depicted in his place. Anothel minute and Wilkins is fast asleep, a heavy uninatural sleep, with hbs head fallen on his braen', Cash watches him anxiously for some time, and then walks across to where Io sits, and shakes him t oughly by the arm. As this producer no effect, fih pours out a glassful of water and datnes it in thue sleeping mnan's face. On this Wilkins partially railes his bead, but still does not awake, and his eyes are last closed. Cash then locks the door of the room, and opens one of the French windows. Through this tio drags the sleelplrg man, down the smooth lawn to the wator'a edge, where a boat lies moored, and throwing hIts still insensiblo burden into the beot, te springs in himlusell and taking the oars pulls out towards tire middle of the har. hour, In about twenty minutes the boat re

turgs, and Cash springs ashore, and makes her fast, he is aloon. i '; The morning ol the trial at length arrived, and the court housewas crowded to excess. It is not my Intention to inflict on nmy readers a detailed account of the proceedings, so I shall merely give such portions of the evi den'c as are necessary to give a fair idea of the hsc. ..e The prisoner was calm and collected, though very- polo, and as lie glanced fear lessly around himi, low in that court believed him guilty of the grave crimeo wheroof hio was charged. DMr. Camp appeared for the defonce, and seemed to have his -whole nttintion concen trated on the nmatter, bero inim. The Colonel nod officers of the garrison were present, and anxiously awaited tihe re sult of the trialL. Thlers were two counts to the indictment, the first charging the prisoner witllh forging a cheque in the name of Win. II.' Can for the sum of fifteen hundred pounids, and the second with having the said cheque cashed, knowing it to be a forgery. The Crown prosecutor openrd the case, and brought forward his evidence. The first witnesses examined were the two constables, who deposed to arresting the pri soner on tihe 24th November. lie had made no statement,, but appeared quite "dazed like." The batik noies (produced) amoonting in value to five hundred pounds were found on the prisoner at the time of his arrest. William lard Cash, of Sydney, gentle man, swore that the signature to the cheque produced-" Wm. TI. Cash "-was not in his handwriting. le haind never given a cheque, to the prisoner, nor ever exclhanged a word with hlin, to his knowledge, in his life. lie was absvent front Sydney on the twentv-third of November, and did not return until the morning of the twenty-fourth. lie had left town early on the morning of the nineteenth, and had not been near Sydney from that timne until the day of' lr. Linton's arrest. lie had been on a visit to a friend of his, who had a small farm twenty-five miles fromn town, on the " Stone Quarry" road. On his return to town on the twenty-fourth, he had gone down to the bank on business. The cashlier said to lim, " MIr. Cash, we cashed a very heavy chequeq of yours yesterday to Liecute nnnt Linton." Witness replied, " I don't know I?Ir. Linton, and never gave him n cheque of mine." The cashier then produced the cheque, which witness at once saw was a forgery. The handwriting was a very good imitation of hIis signature. MIr. 'Canp rose to cross-examine the .wit ness:-- - . ' You sa; you were absent from Sydney from tihe ninetecnth until the twenty-fourth of November? " ' "Yesa." "low far is your, friend's place from Sydncy?'' ' " About twenty-five miles." '" How did you employ your time. during your stay there?" "I'wasamnusing myselt in riding or walk ing over the farm. I went over therefor the purpose of enjoying myself." "Did you ever ride in the direction of Sydney?" " Yes." Wh \Iat was the furthest distance you over rode in this direction?" " The farthest I ever rode in this direction was five miles-that was on the 21st of No vember." 1; Where were you on the twenty third of November?" " I was taking a walk in a southerly direc tion, looking at some land I thought of pur chasing." The prisoner's counsel tried all he could to slhake Mr. Cash's testimony in this respect, but in vain-he firmly denied haviing been near Sydney on the twenty-third of No vember. The examitiation proceeded:- " You have an assigned servant, named Wilkins ?" "I had such a man,but he has disappeared since the twenty-fourth of November-the officers of justice are now searching for him." " You have no idea wher e ihe ?" "None I I wish 'li'he could be found-he stole a large sum of money from me before he ran away." Mlr. Camp regarded the witness steadily, but the latter did not'show the least signs of embarrassment. The Cashier from the bank proved the cashing of the cheque by Harry, and added, " 'Mr. Linton gave me to understand that lie had won the money fronm Mr. Cash on the races. I forget his exact words, hut that is what I inferred from what he said." Witness had taken the numbers of the notes when he paid Mr. Linton the money. The notes (pro duced, found on prisoner) were a portion of the fifteen. hundred pounds which witness had paid him. Mr. Cash, recalled, stated lie' had never had any betting transactions with Mlr. Linton. Colonlel Winter, who was subpmned. gave evidenceeas to Harry having promised lhi the four hundred pounds on the twenty fourth. lie was also obliged to tell all about the conditions he had made in respect to Dora's wedding,--nll that made him appear mean and mercenary was divulged before that crowded court. The conversation which took place on the 18th November, between witness and Harry, together with the latter's reiterated promise relative to the four hun dred pounds-all came out. Henry Thorpe, a farmer living near Stone Quarry, stated that Mr. Cash lhad been on a visit at his house, from the 19th to the 24th of November. Lie arrived at midday and left at daybreak. Did not believe it possible that his guest could have been near Sydney on the 23rdl. Cash left his house on foot after breakfast that morning, nod was back again about three o'clock in the afternoon. ie breakfasted shortly: after daybreak. rThoughIt nothing of his absence, as he some times'did not'return until nightfall. Cash's horse was'grazing near the house during his absence on that day. It was a bay horse. -This closed the case for the prosecution, and aIr. Camp rose to address the court on the cvidenee wlicb h:.d been brouglit forward. lie said the case was the nmost extraordinary which he had ever met with in the course of hislong experience. The clharge had beenl brought against his client with devilish cun ning, but he lhoped to be enabled to clear away the dark cloud tlhat at present obscured the hiltherto spotless fame of tie prisoner at thle bar. lie would read a statement written by Mr. ILintoo of what occurred on the 23rd of November, which was as follows: "At the request of several of my friends, 1 now write this true statemenat of occurrences whichl took place on the 23rd day of Novem

ber last.. Early on the morning of that day. I went for a walk, as was customary with me, on the Boiany-road. At about blnoe o'clock in the morning, whilst I was eittlig dowli to rest under the shade of a tree, I saw a man coming from the direction of Botany, and as he camno nearer discovered that it was Mr. Cash. Ile was the very man I wanted to see. I was hard pressed for money, and I had been told that Mr. Cash was a money leader, yet I was at a loss how to address himt-a total stranger to me--on such a subject. Ilowever, as chance would have it, when Mr. Cash was sonic twenty yards distant, I siun hiim draw from the tall pocket of his coat a silk handkerchief. In returning it to his pocket, it slipped out of his hand and fell on the grouund, apparently without hi, noticing it. I rose, and when he came, up said : "'Pardon me, sir, but you've dropped your handkerchief.' "lle thanked me, and went and picked it 'p. e I really am mouch obliged to you, Mr. Linton,' he said. 'If you'll permit me, I'll sit dovwn in this delightful shado aid Iest.' ,t We then entered into conversation, and 1 at length asked could lie lend me four -hun dred pounds on that day? I remember his answer well-' Can I lend.it you?' he said, slowly, as if considering. 'I., am rather pressed for ready money myself at this par ticulir time. When do you want it?'- " ' I must have it before to-morrow, the twenty-fourth, without fauil' I rcplied. '"' Before to-morrow--that's unfortunate,' said Mlr. Cash. ' I only returned into last light, and I leave town again to-day. I shall probably not be back until late to-morrow night. I'll tell you what I can do, however,' lie continued, after a moment's hesitation, bbut I must request you to do me a' slight favour I' " ' What isit ?' I enquired. "' I am, as I said, going to leave town to-day,' lie answered. 'Now, from private reasons of my own, I do not want to call per sonally at the bank-there is some one there who is in difliculties, and to whtn. I have Iolf promised to lend money-in lact,.I don't vant to see him at present. I want you to c.sh me a cheque for fifteen hundred, and pay me one thousand out of it, as I want the money particularly. I have the cheque here drawn oat, and was considering, when 1 met you, whom I shouldget to cash itfor me. I can manage to make a-thousand do for me, and let you have the remainder at five' per cent., in consideration of your so far doing nme a favor.' "' Five per cent.,' exclaimed I-' That is inddeed reasonable 1' "'Under the circumstances I can do it, a'nd the obligation will he mutual. 'Idon't like to reluse that young fellow at tihe bank," said Mr. Cash, " but you know, Mr. Linton, that, as a mnn of business, I cannot lend a, large sum to a person who has positively` no secu rity to give me; and yet I was Iboltshly venk enough to raise the poors boy's :hupes. Well, well a monecy leader should not be troublled with a tender hecartl " and Mr. Cash appeared touch affected, : "It is now half-past nino o'clok,"' he con tinued consulting his watch, "and my horse i. to be really to meet meo outside the town at twelve. It you would kindly cash the cheque and moot mo on the Solithern Road, with your receipt for four or five hundred, whichever you require, I will walk slowly across the bush, and you can pay me over the balance. I want to pay several separate sums, amongst others, eight hundred to a settler who won it off me on the races. You think me wonderfully obliging Mr. Linton, but I am not doing all this withouta moties, and that is to Aln the friendship of gentle men in a certain 'set,' into which, with all my wealth, I cannot gain admittance. The one study of my lifo is, to try and' disabuse bhe mintls ot free settlers, of the idea that all emneipisats must necessarily be vile and wicked. That is why I nam anxious to get loto the good graces of gentlemon of your olass, to try andl prove o on that oven ann emancipist may be a man of Christian feel. ing and honor." le then walked away into the bush leaving meno standing, very much astonished, with the clheque for fiftiee hundred pounds, in my tand. I was certainly struck at. the time with. Mr. Cash's kindness in so readily aceeri lng to my request, but the explanation he had given of his motivesr was to mn quite satis factory. I went to the barracks and from there to the bank, where I cashed the cheque, and wrote a receipt for jvea hundred pounds. I then went on the Southern Ioad to meet ?ir. Cash. I found him waiting in the road willth his horse.: lie was alone ansd appeared anxious to ha of. . " Ha I Mr. Linton," loe said as I handed hilli thle toles, which he counted, "0so you are hero at last. IIow much will you takeo ' "Five hundred," I replied, "and here is my promissory note at six months." Dlr. Cash counted out the required sum, whlich he handled to me, and carefully put the rest of the notes into his pocket. " Now Mr. Linton, you may trust to me neaer to breathe a wvord to any cno ot this iransaction, for I know you would rather it were kept quiet. Of course if you choose to talk about it, that is your business. Good mnorning l" lie then rode sway and I returnod to town. On the followhig morning"beforo I w;as arrested, I metot mnani:dressed fiitho garb of a labourer who. nurned uiod of danger, and tidrised me to leave. Sydney at once. lIe ran away on seeing a man approaching. on horseback, who turned out to be lir, Clash, so I had no oliportinity of questioning him as to his meaning. On thle samue afternoon I was arrested at Colonel Winter's door, on a chargo of lorgery, That this is a trub state ment of iaets as they occurred, I pledge iny sacred honor as an Engliah gentleman and a soldier. Itanny LIoroe. N.D.-I may add that I cannot recall to mnind how Mr. Cash was dtresard. At thils stage ot tihe proceediigs, the court adjourned until the following day,