The Atlantic Monthly, Volume 18, No. 106, August, 1866

Then Jane, the cook, proved that a pedler called Thomas Leicester had been in the kitchen, and secreted about the premises till a late hour; and this Thomas Leicester corresponded exactly to the description given by the poacher.

This threw suspicion on Thomas Leicester, but did not connect Mrs. Gaunt with the deed in any way.

But Ryder's evidence filled this gap. She revealed three serious facts:—

First, that, by her mistress's orders, she had introduced this very Leicester into her mistress's room about midnight, where he had remained nearly half an hour, and had then left the house.

Secondly, that Mrs. Gaunt herself had been out of doors after midnight.

And, thirdly, that she had listened at the door, and heard her threaten Griffith Gaunt's life.

This is a mere précis of the evidence, and altogether it looked so suspicious, that the magistrates, after telling Mrs. Gaunt she could ask the witnesses any question she chose, a suggestion she treated with marked contempt, put their heads together a moment and whispered. Then the eldest of them, Mr. Underhill, who lived at a considerable distance, told her gravely he must commit her to take her trial at the next assizes.

"Do what you conceive to be your duty, gentlemen," said Mrs. Gaunt, with marvellous dignity. "If I do not assert my innocence, it is because I disdain the accusation too much."

"I shall take no part in the committal of this innocent lady," said Sir George Neville, and was about to leave the room.

But Mrs. Gaunt begged him to stay. "To be guilty is one thing," said she, "to be accused is another. I shall go to prison as easy as to my dinner; and to the gallows as to my bed."

The presiding magistrate was staggered a moment by these words; and it was not without considerable hesitation he took the warrant and prepared to fill it up.

Then Mr. Houseman, who had watched the proceedings very keenly, put in his word. "I am here for the accused person, sir, and, with your good leave, object to her committal—on grounds of law."

"What may they be, Mr. Houseman?" said the magistrate, civilly; and laid his pen down to hear them.

"Briefly, sir, these. Where a murder is proven, you can commit a subject of this realm upon suspicion. But you cannot suspect the murder as well as the culprit, and so commit. The murder must be proved to the senses. Now in this case, the death of Mr. Gaunt by violence is not proved. Indeed, his very death rests but upon suspicion. I admit that the law of England in this respect has once or twice been tampered with, and persons have even been executed where no corpus delicti was found; but what was the consequence? In each case the murdered man turned out to be alive, and justice was the only murderer. After Harrison's case, and –'s, no Cumberland jury will ever commit for murder, unless the corpus delicti has been found, and with signs of violence upon it. Come, come, Mr. Atkins, you are too good a lawyer, and too humane a man, to send my client to prison on the suspicion of a suspicion, which you know the very breath of the judge will blow away, even if the grand jury let it go into court. I offer bail, ten thousand pounds in two sureties; Sir George Neville here present, and myself."

The magistrate looked to Mr. Atkins.

"I am not employed by the crown," said that gentleman, "but acting on mere civil grounds, and have no right nor wish to be severe. Bail by all means: but is the lady so sure of her innocence as to lend me her assistance to find the corpus delicti?"

The question was so shrewdly put, that any hesitation would have ruined Mrs. Gaunt.

Houseman, therefore, replied eagerly and promptly, "I answer for her, she will."

Mrs. Gaunt bowed her head in assent.

"Then," said Atkins, "I ask leave to drag, and, if need be, to drain that piece of water there, called 'the mere.'"

"Drag it or drain it, which you will," said Houseman.

Said Atkins, very impressively, "And, mark my words, at the bottom of that very sheet of water there, I shall find the remains of the late Griffith Gaunt."

At these solemn words, coming as they did, not from a loose unprofessional speaker, but from a lawyer, a man who measured all his words, a very keen observer might have seen a sort of tremor run all through Mr. Houseman's frame. The more admirable, I think, was the perfect coolness and seeming indifference with which he replied, "Find him, and I'll admit suicide; find him, with signs of violence, and I'll admit homicide—by some person or persons unknown."

All further remarks were interrupted by bustle and confusion.

Mrs. Gaunt had fainted dead away.

CHAPTER XXXVIII

Of course pity was the first feeling; but, by the time Mrs. Gaunt revived, her fainting, so soon after Mr. Atkins's proposal, had produced a sinister effect on the minds of all present; and every face showed it, except the wary Houseman's.

On her retiring, it broke out first in murmurs, then in plain words.

As for Mr. Atkins, he now showed the moderation of an able man who feels he has a strong cause.

He merely said, "I think there should be constables about, in case of an escape being attempted; but I agree with Mr. Houseman that your worships will be quite justified in taking bail, provided the corpus delicti should not be found. Gentlemen, you were most of you neighbors and friends of the deceased, and are, I am sure, lovers of justice; I do entreat you to aid me in searching that piece of water, by the side of which the deceased gentleman was heard to cry for help; and, much I fear, he cried in vain."

The persons thus appealed to entered into the matter with all the ardor of just men, whose curiosity as well as justice is inflamed.

A set of old, rusty drags was found on the premises; and men went punting up and down the mere, and dragged it.

Rude hooks were made by the village blacksmith, and fitted to cart-ropes; another boat was brought to Hernshaw in a wagon; and all that afternoon the bottom of the mere was raked, and some curious things fished up. But no dead man.

The next day a score of amateur dragsmen were out; some throwing their drags from the bridge; some circulating in boats, and even in large tubs.

And, meantime, Mr. Atkins and his crew went steadily up and down, dragging every foot of those placid waters.

They worked till dinner-time, and brought up a good copper pot with two handles, a horse's head, and several decayed trunks of trees, which had become saturated, and sunk to the bottom.

At about three in the afternoon, two boys, who, for want of a boat, were dragging from the bridge, found something heavy but elastic at the end of their drag: they pulled up eagerly, and a thing like a huge turnip, half gnawed, came up, with a great bob, and blasted their sight.

They let go, drags and all, and stood shrieking, and shrieking.

Those who were nearest them called out, and asked what was the matter; but the boys did not reply, and their faces showed so white, that a woman, who saw them, hailed Mr. Atkins, and said she was sure those boys had seen something out of the common.

Mr. Atkins came up, and found the boys blubbering. He encouraged them, and they told him a fearful thing had come up; it was like a man's head and shoulders all scooped out and gnawed by the fishes, and had torn the drags out of their hands.

Mr. Atkins made them tell him the exact place; and he was soon upon it with his boat.

The water here was very deep; and though the boys kept pointing to the very spot, the drags found nothing for some time.

But at last they showed, by their resistance, that they had clawed hold of something.

"Draw slowly," said Mr. Atkins: "and, if it is, be men, and hold fast."

The men drew slowly, slowly, and presently there rose to the surface a Thing to strike terror and loathing into the stoutest heart.

The mutilated remains of a human face and body.

The greedy pike had cleared, not the features only, but the entire flesh off the face; but had left the hair, and the tight skin of the forehead, though their teeth had raked this last. The remnants they had left made what they had mutilated doubly horrible; since now it was not a skull, not a skeleton; but a face and a man gnawed down to the bones and hair and feet. These last were in stout shoes, that resisted even those voracious teeth; and a leathern stock had offered some little protection to the throat.

The men groaned, and hid their faces with one hand, and pulled softly to the shore with the other; and then, with half-averted faces, they drew the ghastly remains and fluttering rags gently and reverently to land.

Mr. Atkins yielded to nature, and was violently sick at the sight he had searched for so eagerly.

As soon as he recovered his powers, he bade the constables guard the body (it was a body, in law), and see that no one laid so much as a finger on it until some magistrate had taken a deposition. He also sent a messenger to Mr. Houseman, telling him the corpus delicti was found. He did this, partly to show that gentleman he was right in his judgment, and partly out of common humanity; since, after this discovery, Mr. Houseman's client was sure to be tried for her life.