Chapter 64689388

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Chapter NumberX
Chapter TitleGUILTY OR NOT GUILTY.
Chapter Urlhttp://nla.gov.au/nla.news-article64689388
Full Date1868-02-20
Page Number4
Corrections0
Word Count2858
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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HABEY LLNTON'S DOWNFALL w A STORY OF OLD SYDNEY. cV IT R. A. ATeI.. (Wrrillen eapreuly for se Portland Guardian.) d CHAPTER X. GCILTT OR SOT rILTTr. " With scale in hand Dame Justic~e passed along. Defcro her, each with clamour, pleads the laws. Explcin'd the matter, and would win the t c te.''" e' repe. di "The lopped tree in time may grow again, P Most naked plants renew bath fruit and t flower,. of The sorriest wight may find relea.e from pain, ii The driest soil suck in some moistening shower. li Time goes by turns, and chmnces change by n course Prom ful to fair. Rbernt Southiell. After reading Harry's statement, Mr. Camp proceeded irith his defence. He called at- h tention to the absurdity of supposing that anyone, in his senses, would have committed p a crime like that with which his client was h charaed,-knowing that there was no possi- p bility of escape. IHad his client attempted to leave Sydney then, indeed, it would have looked suspicions, but the fact of his not at- s tempting to do so was a very satisfactory n indication of his innocence, and went far to 1 prove the truth of the statement which he had m made. There was nothing in any of the evi dence, except that of Cash, that was at all irreconcilable with the statement made by f; Linton. The witness' Thorpe had said tht on the 23rd Cash had left shortly after e breakfast, or at daybreak, and returned a about three o'clock in the afternoon. Such a being the case, there was ample time for e Cash to ride into Sydney and be back by s three o'clock in the afternoon. Thorpe had said that Cash's horse was grazing within sight of the house all day. If that were so. it proved nothing-were there not other horses procurable, and did it not seem rea sonable to suppose that Cash would pur posely take a strange horse, to keep his visit secret? Ile also alluded to the strange man who had given Harry the warning on the morning of his arrest, and the strange disappearance of Wilkinsat the am:ne time. .Mr. Camp doubtless said much more than this, but we in vain run over the columns of the New Souh IVales Gaultte of that date for a verbatim report of what was allowed on all hands to be a masterpiece of eloquence. The witnesses for the dcfence were two men who had seen a man on horseback on the South Ioead, some distance fromnSydney, on the 23rd Novcmber, at about midday. They were at work, about fifty yards from the tractk. The man was something like Mr. Cash in appearance, and was tiding in the t direction of Stone Qiarry, at a hand gallop. I They did not see his iace, and afterwards came to the conclusion that the horseman l could not be Mr. Cash, as his dress was of the kind usually worn by farmers or bush- t men. Then followed the Colonel and officers'of Harry's regiment, who all spoke in the highest terms of the youna inan's character; but several of whom, in cross-examination, were constrained to speak of his losses at the reces-his excited behaviour on the ,norning of the 23rd November, previous to his visit to the bank,and of the strange expression he had made use of-" I amt playing a bold stroke for a rich prize." The evidence for the defence turned out to be of soch a nature as to strengthen the pro secution; and when Mr. Camp at length sat down he had but poor hopes of an acquittal. ' The Jidge* then, summed up; and clearly pointed out to the jury their duty-not to be Influenced by anything they may have heard out of court, but be guided solely by the evi dence before them. The jury retired to consider their verdict, and great excitement prevailed in court dur ing thecir absence. On their return in abont half an hour, they foand the prisoner guilty, on botli counts. The Judge then proceeded to pass sen !Mr. Barron Field Wvas Judge of the Supremel .Court in Sydney during a portion of Mlacqisa rie's governorship .l ti succeeded.Ju'lgo .ent,. who wasasuhjustly recalled, through the in fluence of thoGovernor; for refusing to admit Sager, Crossley, and,0harters, three emanci plats, who had been transported for forgery and perjury,his" Atforieys of sthe Supremen Court. Judge Fielda'wi troubled with cacoethri ecribondi, that is, as' far as postry wase con. cerned..` IlHepublihed a solume of. wretched dotgrel under the title of "Bot:my Day ,Flowers.":.;;Thbefoillowing, addresscd :to the kangaroo, is a specimen :-,, ' "Kangaroo, kangaroo, S . pirit of Australia "

tence. He was not a man who cauld see far t ahead, but formed his opinions cn the visible < -on what he understood. Jie would never I have made a detective, for he would have I been too ready to judge from appearances, I and never have been able to find out the me. lire which may be supposed to actuate any < person committing a crime. To him the t guilt of the prisoner was asclear as the day. a lie attached no weight to the fact that the alleged crime had been done in so open a ' manner as to insure certain detection; he c only knew that the prisoner had, in his own c words, "played a bold stroke for a rich | prize," and lost. The bold stroke, of course, I was the forgery, the rich prize, the fifteen I hundred pounds. Therefore, in passing sea- a tence on the prisoner, the judge declared himself perfectly satli.?ed as to his guilt, and E declaimed loudly on the terrible results which b would accrue to society if rigorous measures I were not taken to put down crimes of this e kind. c Harry Linton was sentenced to fourteen t years hard laor upon the roads and public t works of the colony, the first two years in t irons. a When the news of that sentence got abroad ti it entered into some places as a petilence. a Poor Dora was stricken down by it, and lay n on the bed tof sickness tossing from side to side wildly, and coatinually raving cf gamb ling debts and "chained prisoners." On the day of Ilarrv's arrest Mr. Camp had written a letter to his sister, asking her q to brcak the news to Dora. This the old lady had done, travely-for surely it re. C quires bravery in one not ratura'ly cruel to perform a duty which will wreck a young _ heart, and drive it out of the calm sea of hope and happiness into the tempestuous q gulf of misery and despair. The poor girl tore the shock firmly. She -as confident of Harry's innocence, and so, a roor simple child, thought his escape certain. the believed that virtue would meet its re ward in this worlJ, and that the right meut i conquer. What did she know of stupid c jurymen, or the truth-hiding glitter of cir cumstantial evidence? So she hoped on-nay, before the trial commenced she had estarly entirely pot away doubt as to the result of this terrible ordeal. Mrs. Grey trembled as she saw this, yet had not, with all her firmness, courage snuficient d to undermine the girl's hope-built castles. t At length the news reached them of Harry's conviction, and then, indeed, came S grief, heavy, inconsolable. Dora sank under r that horrible sentence, as though each word t1 had been pestiferous. She knew no one, not fi even her father. It had been deemed expe- a dient by Mrs. Grey not to allow her to de- a part from Parramatta until the result of the u trial was known, so that it was in the house of her old friend that Dora was seized with r illness. For weeks she hovered between t life and death-knoaiing no one-heedful ct nothing. The doctor said it was brain fever, -Mrs. Grey said heart fever. At length the criis i as past, and she was a once more able to rise from what at one tiine ti seemed doomed to be her death bed. Baut I her spirit was broken, and she felt no plea-. v sore, no enjoyment-nothing but an incurable I pain, that all the drugs in the world would s have been unable to relieve. Yet her illness, I painful though it was, had been productive of good-it had been the means of eradicating thoroughly all her father's gambling propen sities. What common sense, naturally ho- I norable feelings, and repeated humiliations had tailed to accomplish, the sight of his I daughter's wasted form, and the soundof her I fever-weakened voice had achieved. Iis l cure had not beqn miraculous, i.e. doubtful, like that of an Inte'terate drunkard, who in a siogle hour becomes a total abstainer,. not even giving way to that heinous anti-teetotal I sin, moderate drinking;-but he had boldly. I and sternl/ set himself face to face with the I evil of years growth, and conquered it, as ' such evils always must be conquered-after r a hard, prolonged, arind stubborn fight. I After the trial hIo had disposed of his house in Macquarie-street, and bought a cot tags close to the residence of Mr. Camp. And there the old friends would talk. over the trial; and the strange events which had caused the punishment of one whom they all, believed to be innocent.. Yes, they all believed tIIrr, innocent. Colonel de Vere, and his brotleLr officers acre confident of it; and ready to fight any sman, at twelve' paces, who would darer to utter a doubt on tle subject. Inhdeed Captain Lambert, who, being tle owner of IHector, looked upon himself as partly the cause oft Harry's mis fortuues, denoncecd the judge, jury, and crown prosecutor, in language more em Irphaic than polite. One evening, alter mess, whilst swaggering up George-street, ho met Mr. Cash, who was becoming rather presssng for the 'payment of certain monies, which the gallant captain owed him. Unfortu nately lHarr)'s name was introduced into the conversation, Ihowv, no one knows, but Mr. Cahll expressed his sorrow that "a gentleman like Mr. Lititon, should so far forget himself." Ile had no sooner uttered the words' than the captain seized him by' the, collar and, with a horse-whip which ho cariied, administeredl a severo castigniaiirn. .l consequence of this the gallant captain had to a',Iear' before the magistrates and was fined- £20 for the assault. "The defendant," says the policle court reporter of the day, "borirowed the snoney from the chairinan, and paid the fine; causing great laughter by inquiring if the court would allow him, to horse-whio tho I complaiiant again at the same price? " .The news of the.trial spread far and fast,' as bad loeWs always .will, and finally reaclhed tho ears, of old Squire Linton.: I will not attemnpt to describe the mingled sorrow andti indlignation ; the misery which entered the hiithorto jovial riusehlold ol0te line old gen tleman. Suffice .it lhere to say that he de clared that nothing should make him believe in his son's guilt. Thie thousand pounds worth of.miesing bank notes, had noet yet been discovere-d, and Mr. Camp, who had put off Isis journey toi t En?gland sine'die, sonas to do all thot lay in Isis;power to:prove hIis client's innocence, i had emploped private detectives to keept a watch on Cash, so as to discover, it possible, lwhere h6 had hIidden them. Tlhesmonn had managed, in Mr.,Cash's temporary .absenee, to Institute a pretty rigourors searchli of his: house sand premises, but :tiitlout Sd~stvbrsig t anything. S Mr. Cash had, in the mean time' brought Son action against the bank ?directors, ann Sforcesl tiens to retund Iri l fliften-: hlundred' Spounds. ' 1 Twelvo montlhsr pased away, and still: nothlingoccurred to cleang ethe positions of theovariout characters.; Harry was working. in Lhei'ohiihn g'aring'Cas, wiho. had of lato, taken to "hard drinkisig," was filled with

triutph at is enemy's.. dowrnftll, and chagrin at the impoe'sbility of 2prio!tiza r him in Dora's afrections; Mr. Camp and Colonel Winter were still watching and hoping for something to "torn up " to prove their friend's innocence; Dora was dragging through life with a chilled heart, and iMr. Grey was acting towarJs her like a mother; old Pegry Lad come with her master to Parematta, and was continually " drattirng" the judce. jiry, end supreme court of New South Wales; nbi'st thousands of miies away in the fair old county of Sulip, in a Fne old mansion, a white-headled, grief-worn country-gentleman, pondered on the hard fate of his only son, far from him, a capltive in a strange land. One morning in the beginnin_ of Decem ber, MIr. Camp and the Colonrl were sitting beneath the varandah at the bonse of the latter, speaking on the one subject that was ever plresent to their minds.when a man who camoe from the direction of Sydney stood in the road, regarding tb-m for some time as though undecided whether or not to address them. He had the appea'ance of a seaman, and had a certain watchful air abut him, as though he were afraid of something. After a time, he came op to the side of the road nearest the house an I enquired : " Do Sir John Winter live here!" "Yes my man I" answered the Colonel, "I am Sir John Winter, what do you want!" The mant did not immediately answer the question, but appcared to be in a brown st?-ly, at length he asked looking at Mr. Camp: L. Be that gentleman a friend of yours? " "Certainly !" exclaimed the Colonel, whose face began to redden at these repeated questions. " Beg pardon !" said the man again, "but I've heard as how you be friends of young Luftenant Lintou'e, and I'd sufin to tell you aboot him." Mr. Camp then rose and invited the man to a seat. H'e then asked anxiously "Am I wrong in supposing you to be Wilkin., Cash's late servant, w ho was missed? " " You beant sir!" said Wilkins, for it was indeed he, " It's me safe enough, no thanks to Mr. Cash though, who tried to murder me." After the Colonel and Mr. Camp had ex pressed their astonishment at the man's sod den, and unexpected appearance, the barria. ter said: " Something struck me when I heard the Shropshire accent that it must be you, for I remember what you said- to Mr. Linton on the morning of his arrest. Now we are friends of the Lieutenant's, I was his lawyer ai the trial, and we want you to explain to as all you know of the case; but first of all tell us bow you disappeared." The man proceeded to narrate the occur. rence that took place in Mir. Cash's house on the night of the 23rd of November, with which the reader is already aeqsainter. He then went on to explain that Cas.sh ad taken him into deep water, and there thrown him overboard. The fresh air hadu already paf tially restored Wilkins to consciousness, but he had too much sense to show it in his then weak state, as he doubted not Cash would have murdered him with his knife, had he shown symptoms of reviving. The"suddern plunge into the cold water had further re vived the man, and, as be was swept - away by the current, be had managed. toseize a cablo by which a vessel was moored to a buoy. Here be held on; and made himselt heard by souse of the crew,'jwho lowered a boat and relieved him from his perilous position. The,vessel sailed at day break, and as they were short-harded, and Wilkl ins was a good. cook, they transferred their " doctor" to the forecastle, and .Wilkins reigned in his stead. Arrived in' Englarid, it had been his intention to settle down on the land ol .his.daiivity, but the .thoughts of Harry's probable fate, and a desire to be reo venged on Mr. Cash, werettoo -strong to be resisted; so after a short stay "at homo" he had again rteu'rned to Sydney. - ' : Alter Wilkins had told his story,, an carnest conversation took place betxeeo ths three, as to how they had best proeed to prove IIarry's innocence; .Wilkins declared that he would piostponb his own "settling up I with auld Cash". until the -" Luftenant were sale and sound ;." and the end of.the con lerence was that, as Mr.'Camp declared -it necessary that.the missing notes should be f found, Wilkins should, at his own' request, be empowered to takoe*.vht steps he thought Iproper towards discoiering whero Cashl had hid them, and that the old soldier and lawyer a should defray all expenses.; Things being thus arranged, Wilkins who refused to give any idea of what his plans were to be, walked in the direction of Sydney. "