Nevermore

'Dashed if I can make out that case,' said the trooper to himself. 'Dayrell knows why he arrested that young fellow, I don't. Any child can see he didn't stand in with that crowd. They've had him soft, selling him a cross horse as any man might have knowed was too good for them to own on the square; but if he gives up the horse they can't touch him, I should think. He floored Dayrell though, and that'll go agin him. The sergeant can make it pretty hot for them as he don't fancy.'

Early next morning, half an hour after a pannikin of tea and a plate of meat surmounted by a large wedge of bread had been placed in his cell, Lance Trevanion was taken out and placed upon a horse. He was helped into the saddle, the feat of mounting in handcuffs being rather a difficult one to the inexperienced captive, as any gentleman may discover by tying his hands together and making the attempt. He was permitted to hold the reins by means of a knot at the end, and, with some limitation, to direct the animal's course. But a leading-rein was buckled to the snaffle, by which a mounted trooper led his horse. Ned Lawless, also handcuffed, was similarly accommodated. One trooper rode ahead, one behind. Neither of the prisoners' horses were such that if they had got loose and essayed to escape, would have had much chance by reason of superior speed. They were leg-weary screws, and were, indeed, nearly due for superannuation, the goal of which would be reached when they had carried (and risked the lives of) a few dozen more prisoners. Dayrell remained behind at Balooka. Possibly he had some reason for the delay, but if so he did not disclose it.

What a different return journey was this from the commencement of it, when Lance had set out so light of heart, so joyous of mood, his pockets full of money, his credit unlimited, all the world before him, as the ordinary phrase goes; able to pick and choose, as he supposed, among the world's pleasures and occupations, to select, to examine, to purchase, to refuse, at his pleasure. A good horse under him, the fresh forest breeze in each inhalation exhilarating every pulse as he rode at ease or at headlong speed through the winding forest track. A man, a gentleman, rich, successful, respected, more independent than a king and unlike him, free to come or to go at his own sovereign will and pleasure.

And now, how had a few short hours, a conspiracy, heedless imprudence, and malign fate changed and disfigured him. A prisoner fettered and confined, charged with a grave offence, at the mercy of a severe and unscrupulous officer whom he had been imprudent enough to defy and later on to resist, what might he not expect?

CHAPTER X

Long and deadly wearisome was the journey to Ballarat. Necessarily slow, it became insufferably tedious to impatient men who had been used to take counsel but of their own will and caprice. An early start, a late ending to the dragging day's journey, broken but by a short mid-day halt. Such was the order of Lance's return to Ballarat, until, on the fifth day, they saw once more in the distance the smoke of the thousand camp fires and heard the distant surge-like murmur of the army of the Mine.

Wearied and heart-sick, melancholy and furious by turns, Lance Trevanion almost commenced to doubt of his own identity. When they arrived at the camp he found himself led forward between two troopers and half conducted, half pushed into a cell, the clang of the bolt seeming to intensify the strange unreality of his position. The trooper informed him that his meal would be sent in directly; that he would have to make the best of it with the blankets doubled up for a bed in a corner of the cell until next day. Then he would be brought before the police magistrate, and either discharged or committed, as the case might be.

On the journey Lance had, after his first paroxysm of rage and disgust, abundant leisure to think over and over the facts and probable consequences of his position. He was apparently to be arraigned, if committed for trial, for having in his possession a stolen horse. But could they, could any one prove that he had 'guilty knowledge – that he knew of its being dishonestly come by'? Were not half the horses then sold in Ballarat supposed to be stolen, stolen from the 'Sydney side,' from South Australia, from all parts of Victoria indeed? He had never known any one tried on such a charge, and had, indeed, thought in his ignorance that laxity about the ownership of live stock was one of the customs of the country, rendered indeed almost inevitable from the absence of fencing or natural boundaries between the immense herds and flocks.

He had not, of course, the smallest suspicion that Pendragon, the horse he had so named in memory of the old Cornish legend, which he had bought from Ned Lawless at a high figure, was other than perfectly 'square,' as Ned would have phrased it. Had he known the truth he would have repudiated the purchase with scorn. But now, to be arrested and marched to gaol with as much formality as if he had taken a horse out of the stable of a neighbouring proprietor in Cornwall, or 'lifted' a flock of black-faced sheep, struck him as truly anomalous and absurd.

Next morning, after a night which came to an end in spite of his forlorn condition, he found himself making one of a large class of détenues who, for one offence or another, were to come up for judgment.

The ordinary charge-sheet of a goldfield is fairly filled as a rule, and at this particular period of the existence of Ballarat as a town a large proportion of criminals of all shades and classes had managed to make it their temporary home. Expirees from Tasmania, where the transportation system had only lately come to an end, had swelled the proportion of habitual criminals. These were daring and desperate men; an inexorable penal system had partially controlled, but failed altogether to reform them. So frequent had been the assaults upon life and property with which this class was credited, that an official of exceptional firmness and experience had been specially selected for the responsible post of police magistrate of Ballarat.

This gentleman, Mr. M'Alpine, generally familiarly and widely known as 'Launceston Mac,' was credited with using a short and trenchant way with criminals. Presumably a large proportion of his clientèle had been at some time or other before him in Tasmania. He had, it was conceded, a wonderful memory for faces, as also for 'accidents and offences.' It was asserted for him that he never met a man under penal circumstances that he could not recognise if encountered twenty years afterwards. It was only necessary in the case of doubtful identity to direct the attendant police to 'turn him round,' which formula was almost invariably followed by the remark, 'Seen you before, my man, on the other side, your name is so-and-so. Six months' imprisonment with hard labour.'

Doubtless in nineteen cases out of twenty the inference was correct, and the punishment just. But there was a probability that occasionally the worthy justice was mistaken. Among the hordes of criminals with which he had been officially connected, small wonder if an occasional lapse of memory took place, and then so much the worse for the accused.

But, as in all comprehensive schemes of legislative repression the individual suffers for the general advantage, so the occasional misdirections of justice, in that era of widespread license which might so easily degenerate into lawlessness, were but lightly regarded as incident to a period of martial law; and no one gainsaid the fact that the practised readiness, prompt decision, and stern resolve which Mr. M'Alpine brought to bear upon the thousands of cases were of priceless advantage to the body politic and all law-abiding citizens.

It was this Rhadamanthus, before whom so many an evil-doer trembled, that Lance Trevanion found himself compelled to confront. He knew him, of course, by fame and report, as who did not? – but had never met him, as it happened, personally. He did not doubt, however, but that a few words of explanation would suffice to set him free. It was therefore with a sense of awakening hope that he obeyed the summons to follow one of the constables to the court-house. This was a large but not imposing building, composed of weather-boards, rude, indeed, and deficient as to architectural proportions. However, it was a great improvement upon the large tent which did duty as a hall of justice in the primitive days of the gold outbreak.

Erect upon the bench, regarding the herd of prisoners, as one by one they came before him, with a stern countenance and searching glance, sat Mr. M'Alpine. His eyes had that fixed and penetrating expression generally acquired by men who have had long experience of criminals. His face seemed to say to such: 'I can identify you, if necessary – I know every thought of your vile heart – every deed of your ruffian life. Don't dare to think of deceiving me or it will be worse for you – plead guilty if you are wise, and don't insult the court by a defence!'

Long and so sombre had been Mr. M'Alpine's experiences of every kind of iniquity, of evasion, if not defiance of the law, that it is doubtful if he considered any person ever brought before him to be perfectly innocent. Certainly not, unless conclusively proved by competent witnesses. The onus probandi lay with the accused. It is asserted by outsiders that all police officials in time acquire a tinge of the hunter instinct, which impels them to pursue, and, if possible, run down every species of quarry once started, irrespective of guilt. But this, doubtless, is an invention of the enemy.