CHAPTER III. IN THE MATTER OF THE HANGING OF DUNCAN JOPP

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_ IT chanced in the year 1813 that Archie strayed one day into the Justiciary Court. The macer made room for the son of the presiding judge. In the dock, the centre of men's eyes, there stood a whey- coloured, misbegotten caitiff, Duncan Jopp, on trial for his life. His story, as it was raked out before him in that public scene, was one of disgrace and vice and cowardice, the very nakedness of crime; and the creature heard and it seemed at times as though he understood - as if at times he forgot the horror of the place he stood in, and remembered the shame of what had brought him there. He kept his head bowed and his hands clutched upon the rail; his hair dropped in his eyes and at times he flung it back; and now he glanced about the audience in a sudden fellness of terror, and now looked in the face of his judge and gulped. There was pinned about his throat a piece of dingy flannel; and this it was perhaps that turned the scale in Archie's mind between disgust and pity. The creature stood in a vanishing point; yet a little while, and he was still a man, and had eyes and apprehension; yet a little longer, and with a last sordid piece of pageantry, he would cease to be. And here, in the meantime, with a trait of human nature that caught at the beholder's breath, he was tending a sore throat.

Over against him, my Lord Hermiston occupied the bench in the red robes of criminal jurisdiction, his face framed in the white wig. Honest all through, he did not affect the virtue of impartiality; this was no case for refinement; there was a man to be hanged, he would have said, and he was hanging him. Nor was it possible to see his lordship, and acquit him of gusto in the task. It was plain he gloried in the exercise of his trained faculties, in the clear sight which pierced at once into the joint of fact, in the rude, unvarnished gibes with which he demolished every figment of defence. He took his ease and jested, unbending in that solemn place with some of the freedom of the tavern; and the rag of man with the flannel round his neck was hunted gallowsward with jeers.

Duncan had a mistress, scarce less forlorn and greatly older than himself, who came up, whimpering and curtseying, to add the weight of her betrayal. My lord gave her the oath in his most roaring voice, and added an intolerant warning.

"Mind what ye say now, Janet," said he. "I have an e'e upon ye, I'm ill to jest with."

Presently, after she was tremblingly embarked on her story, "And what made ye do this, ye auld runt?" the Court interposed. "Do ye mean to tell me ye was the panel's mistress?"

"If you please, ma loard," whined the female.

"Godsake! ye made a bonny couple," observed his lordship; and there was something so formidable and ferocious in his scorn that not even the galleries thought to laugh.

The summing up contained some jewels.

"These two peetiable creatures seem to have made up thegither, it's not for us to explain why." - "The panel, who (whatever else he may be) appears to be equally ill set-out in mind and boady." - "Neither the panel nor yet the old wife appears to have had so much common sense as even to tell a lie when it was necessary." And in the course of sentencing, my lord had this OBITER DICTUM: "I have been the means, under God, of haanging a great number, but never just such a disjaskit rascal as yourself." The words were strong in themselves; the light and heat and detonation of their delivery, and the savage pleasure of the speaker in his task, made them tingle in the ears.

When all was over, Archie came forth again into a changed world. Had there been the least redeeming greatness in the crime, any obscurity, any dubiety, perhaps he might have understood. But the culprit stood, with his sore throat, in the sweat of his mortal agony, without defence or excuse: a thing to cover up with blushes: a being so much sunk beneath the zones of sympathy that pity might seem harmless. And the judge had pursued him with a monstrous, relishing gaiety, horrible to be conceived, a trait for nightmares. It is one thing to spear a tiger, another to crush a toad; there are aesthetics even of the slaughter- house; and the loathsomeness of Duncan Jopp enveloped and infected the image of his judge.

Archie passed by his friends in the High Street with incoherent words and gestures. He saw Holyrood in a dream, remembrance of its romance awoke in him and faded; he had a vision of the old radiant stories, of Queen Mary and Prince Charlie, of the hooded stag, of the splendour and crime, the velvet and bright iron of the past; and dismissed them with a cry of pain. He lay and moaned in the Hunter's Bog, and the heavens were dark above him and the grass of the field an offence. "This is my father," he said. "I draw my life from him; the flesh upon my bones is his, the bread I am fed with is the wages of these horrors." He recalled his mother, and ground his forehead in the earth. He thought of flight, and where was he to flee to? of other lives, but was there any life worth living in this den of savage and jeering animals?

The interval before the execution was like a violent dream. He met his father; he would not look at him, he could not speak to him. It seemed there was no living creature but must have been swift to recognise that imminent animosity; but the hide of the Justice-Clerk remained impenetrable. Had my lord been talkative, the truce could never have subsisted; but he was by fortune in one of his humours of sour silence; and under the very guns of his broadside, Archie nursed the enthusiasm of rebellion. It seemed to him, from the top of his nineteen years' experience, as if he were marked at birth to be the perpetrator of some signal action, to set back fallen Mercy, to overthrow the usurping devil that sat, horned and hoofed, on her throne. Seductive Jacobin figments, which he had often refuted at the Speculative, swam up in his mind and startled him as with voices: and he seemed to himself to walk accompanied by an almost tangible presence of new beliefs and duties.

On the named morning he was at the place of execution. He saw the fleering rabble, the flinching wretch produced. He looked on for a while at a certain parody of devotion, which seemed to strip the wretch of his last claim to manhood. Then followed the brutal instant of extinction, and the paltry dangling of the remains like a broken jumping-jack. He had been prepared for something terrible, not for this tragic meanness. He stood a moment silent, and then - "I denounce this God-defying murder," he shouted; and his father, if he must have disclaimed the sentiment, might have owned the stentorian voice with which it was uttered.

Frank Innes dragged him from the spot. The two handsome lads followed the same course of study and recreation, and felt a certain mutual attraction, founded mainly on good looks. It had never gone deep; Frank was by nature a thin, jeering creature, not truly susceptible whether of feeling or inspiring friendship; and the relation between the pair was altogether on the outside, a thing of common knowledge and the pleasantries that spring from a common acquaintance. The more credit to Frank that he was appalled by Archie's outburst, and at least conceived the design of keeping him in sight, and, if possible, in hand, for the day. But Archie, who had just defied - was it God or Satan? - would not listen to the word of a college companion.

"I will not go with you," he said. "I do not desire your company, sir; I would be alone."

"Here, Weir, man, don't be absurd," said Innes, keeping a tight hold upon his sleeve. "I will not let you go until I know what you mean to do with yourself; it's no use brandishing that staff." For indeed at that moment Archie had made a sudden - perhaps a warlike - movement. "This has been the most insane affair; you know it has. You know very well that I'm playing the good Samaritan. All I wish is to keep you quiet."

"If quietness is what you wish, Mr. Innes," said Archie, "and you will promise to leave me entirely to myself, I will tell you so much, that I am going to walk in the country and admire the beauties of nature."

"Honour bright?" asked Frank.

"I am not in the habit of lying, Mr. Innes," retorted Archie. "I have the honour of wishing you good-day."

"You won't forget the Spec.?" asked Innes.

"The Spec.?" said Archie. "O no, I won't forget the Spec."

And the one young man carried his tortured spirit forth of the city and all the day long, by one road and another, in an endless pilgrimage of misery; while the other hastened smilingly to spread the news of Weir's access of insanity, and to drum up for that night a full attendance at the Speculative, where further eccentric developments might certainly be looked for. I doubt if Innes had the least belief in his prediction; I think it flowed rather from a wish to make the story as good and the scandal as great as possible; not from any ill-will to Archie - from the mere pleasure of beholding interested faces. But for all that his words were prophetic. Archie did not forget the Spec.; he put in an appearance there at the due time, and, before the evening was over, had dealt a memorable shock to his companions. It chanced he was the president of the night. He sat in the same room where the Society still meets - only the portraits were not there: the men who afterwards sat for them were then but beginning their career. The same lustre of many tapers shed its light over the meeting; the same chair, perhaps, supported him that so many of us have sat in since. At times he seemed to forget the business of the evening, but even in these periods he sat with a great air of energy and determination. At times he meddled bitterly, and launched with defiance those fines which are the precious and rarely used artillery of the president. He little thought, as he did so, how he resembled his father, but his friends remarked upon it, chuckling. So far, in his high place above his fellow-students, he seemed set beyond the possibility of any scandal; but his mind was made up - he was determined to fulfil the sphere of his offence. He signed to Innes (whom he had just fined, and who just impeached his ruling) to succeed him in the chair, stepped down from the platform, and took his place by the chimney-piece, the shine of many wax tapers from above illuminating his pale face, the glow of the great red fire relieving from behind his slim figure. He had to propose, as an amendment to the next subject in the case-book, "Whether capital punishment be consistent with God's will or man's policy?"

A breath of embarrassment, of something like alarm, passed round the room, so daring did these words appear upon the lips of Hermiston's only son. But the amendment was not seconded; the previous question was promptly moved and unanimously voted, and the momentary scandal smuggled by. Innes triumphed in the fulfilment of his prophecy. He and Archie were now become the heroes of the night; but whereas every one crowded about Innes, when the meeting broke up, but one of all his companions came to speak to Archie.

"Weir, man! That was an extraordinary raid of yours!" observed this courageous member, taking him confidentially by the arm as they went out.

"I don't think it a raid," said Archie grimly. "More like a war. I saw that poor brute hanged this morning, and my gorge rises at it yet."

"Hut-tut," returned his companion, and, dropping his arm like something hot, he sought the less tense society of others.

Archie found himself alone. The last of the faithful - or was it only the boldest of the curious? - had fled. He watched the black huddle of his fellow-students draw off down and up the street, in whispering or boisterous gangs. And the isolation of the moment weighed upon him like an omen and an emblem of his destiny in life. Bred up in unbroken fear himself, among trembling servants, and in a house which (at the least ruffle in the master's voice) shuddered into silence, he saw himself on the brink of the red valley of war, and measured the danger and length of it with awe. He made a detour in the glimmer and shadow of the streets, came into the back stable lane, and watched for a long while the light burn steady in the Judge's room. The longer he gazed upon that illuminated window-blind, the more blank became the picture of the man who sat behind it, endlessly turning over sheets of process, pausing to sip a glass of port, or rising and passing heavily about his book- lined walls to verify some reference. He could not combine the brutal judge and the industrious, dispassionate student; the connecting link escaped him; from such a dual nature, it was impossible he should predict behaviour; and he asked himself if he had done well to plunge into a business of which the end could not be foreseen? and presently after, with a sickening decline of confidence, if he had done loyally to strike his father? For he had struck him - defied him twice over and before a cloud of witnesses - struck him a public buffet before crowds. Who had called him to judge his father in these precarious and high questions? The office was usurped. It might have become a stranger; in a son - there was no blinking it - in a son, it was disloyal. And now, between these two natures so antipathetic, so hateful to each other, there was depending an unpardonable affront: and the providence of God alone might foresee the manner in which it would be resented by Lord Hermiston.

These misgivings tortured him all night and arose with him in the winter's morning; they followed him from class to class, they made him shrinkingly sensitive to every shade of manner in his companions, they sounded in his ears through the current voice of the professor; and he brought them home with him at night unabated and indeed increased. The cause of this increase lay in a chance encounter with the celebrated Dr. Gregory. Archie stood looking vaguely in the lighted window of a book shop, trying to nerve himself for the approaching ordeal. My lord and he had met and parted in the morning as they had now done for long, with scarcely the ordinary civilities of life; and it was plain to the son that nothing had yet reached the father's ears. Indeed, when he recalled the awful countenance of my lord, a timid hope sprang up in him that perhaps there would be found no one bold enough to carry tales. If this were so, he asked himself, would he begin again? and he found no answer. It was at this moment that a hand was laid upon his arm, and a voice said in his ear, "My dear Mr. Archie, you had better come and see me."

He started, turned round, and found himself face to face with Dr. Gregory. "And why should I come to see you?" he asked, with the defiance of the miserable.

"Because you are looking exceedingly ill," said the doctor, "and you very evidently want looking after, my young friend. Good folk are scarce, you know; and it is not every one that would be quite so much missed as yourself. It is not every one that Hermiston would miss."

And with a nod and a smile, the doctor passed on.

A moment after, Archie was in pursuit, and had in turn, but more roughly, seized him by the arm.

"What do you mean? what did you mean by saying that? What makes you think that Hermis - my father would have missed me?"

The doctor turned about and looked him all over with a clinical eye. A far more stupid man than Dr. Gregory might have guessed the truth; but ninety-nine out of a hundred, even if they had been equally inclined to kindness, would have blundered by some touch of charitable exaggeration. The doctor was better inspired. He knew the father well; in that white face of intelligence and suffering, he divined something of the son; and he told, without apology or adornment, the plain truth.

"When you had the measles, Mr. Archibald, you had them gey and ill; and I thought you were going to slip between my fingers," he said. "Well, your father was anxious. How did I know it? says you. Simply because I am a trained observer. The sign that I saw him make, ten thousand would have missed; and perhaps - PERHAPS, I say, because he's a hard man to judge of - but perhaps he never made another. A strange thing to consider! It was this. One day I came to him: 'Hermiston,' said I, 'there's a change.' He never said a word, just glowered at me (if ye'll pardon the phrase) like a wild beast. 'A change for the better,' said I. And I distinctly heard him take his breath."

The doctor left no opportunity for anti-climax; nodding his cocked hat (a piece of antiquity to which he clung) and repeating "Distinctly" with raised eye-brows, he took his departure, and left Archie speechless in the street.

The anecdote might be called infinitely little, and yet its meaning for Archie was immense. "I did not know the old man had so much blood in him." He had never dreamed this sire of his, this aboriginal antique, this adamantine Adam, had even so much of a heart as to be moved in the least degree for another - and that other himself, who had insulted him! With the generosity of youth, Archie was instantly under arms upon the other side: had instantly created a new image of Lord Hermiston, that of a man who was all iron without and all sensibility within. The mind of the vile jester, the tongue that had pursued Duncan Jopp with unmanly insults, the unbeloved countenance that he had known and feared for so long, were all forgotten; and he hastened home, impatient to confess his misdeeds, impatient to throw himself on the mercy of this imaginary character.

He was not to be long without a rude awakening. It was in the gloaming when he drew near the door-step of the lighted house, and was aware of the figure of his father approaching from the opposite side. Little daylight lingered; but on the door being opened, the strong yellow shine of the lamp gushed out upon the landing and shone full on Archie, as he stood, in the old-fashioned observance of respect, to yield precedence. The judge came without haste, stepping stately and firm; his chin raised, his face (as he entered the lamplight) strongly illumined, his mouth set hard. There was never a wink of change in his expression; without looking to the right or left, he mounted the stair, passed close to Archie, and entered the house. Instinctively, the boy, upon his first coming, had made a movement to meet him; instinctively he recoiled against the railing, as the old man swept by him in a pomp of indignation. Words were needless; he knew all - perhaps more than all - and the hour of judgment was at hand.

It is possible that, in this sudden revulsion of hope, and before these symptoms of impending danger, Archie might have fled. But not even that was left to him. My lord, after hanging up his cloak and hat, turned round in the lighted entry, and made him an imperative and silent gesture with his thumb, and with the strange instinct of obedience, Archie followed him into the house.

All dinner-time there reigned over the Judge's table a palpable silence, and as soon as the solids were despatched he rose to his feet.

"M'Killup, tak' the wine into my room," said he; and then to his son: "Archie, you and me has to have a talk."

It was at this sickening moment that Archie's courage, for the first and last time, entirely deserted him. "I have an appointment," said he.

"It'll have to be broken, then," said Hermiston, and led the way into his study.

The lamp was shaded, the fire trimmed to a nicety, the table covered deep with orderly documents, the backs of law books made a frame upon all sides that was only broken by the window and the doors.

For a moment Hermiston warmed his hands at the fire, presenting his back to Archie; then suddenly disclosed on him the terrors of the Hanging Face.

"What's this I hear of ye?" he asked.

There was no answer possible to Archie.

"I'll have to tell ye, then," pursued Hermiston. "It seems ye've been skirting against the father that begot ye, and one of his Maijesty's Judges in this land; and that in the public street, and while an order of the Court was being executit. Forbye which, it would appear that ye've been airing your opeenions in a Coallege Debatin' Society"; he paused a moment: and then, with extraordinary bitterness, added: "Ye damned eediot."

"I had meant to tell you," stammered Archie. "I see you are well informed."

"Muckle obleeged to ye," said his lordship, and took his usual seat. "And so you disapprove of Caapital Punishment?" he added.

"I am sorry, sir, I do," said Archie.

"I am sorry, too," said his lordship. "And now, if you please, we shall approach this business with a little more parteecularity. I hear that at the hanging of Duncan Jopp - and, man! ye had a fine client there - in the middle of all the riff-raff of the ceety, ye thought fit to cry out, 'This is a damned murder, and my gorge rises at the man that haangit him.' "

"No, sir, these were not my words," cried Archie.

"What were yer words, then?" asked the Judge.

"I believe I said, 'I denounce it as a murder!'" said the son. "I beg your pardon - a God-defying murder. I have no wish to conceal the truth," he added, and looked his father for a moment in the face.

"God, it would only need that of it next!" cried Hermiston. "There was nothing about your gorge rising, then?"

"That was afterwards, my lord, as I was leaving the Speculative. I said I had been to see the miserable creature hanged, and my gorge rose at it."

"Did ye, though?" said Hermiston. "And I suppose ye knew who haangit him?"

"I was present at the trial, I ought to tell you that, I ought to explain. I ask your pardon beforehand for any expression that may seem undutiful. The position in which I stand is wretched," said the unhappy hero, now fairly face to face with the business he had chosen. "I have been reading some of your cases. I was present while Jopp was tried. It was a hideous business. Father, it was a hideous thing! Grant he was vile, why should you hunt him with a vileness equal to his own? It was done with glee - that is the word - you did it with glee; and I looked on, God help me! with horror."

"You're a young gentleman that doesna approve of Caapital Punishment," said Hermiston. "Weel, I'm an auld man that does. I was glad to get Jopp haangit, and what for would I pretend I wasna? You're all for honesty, it seems; you couldn't even steik your mouth on the public street. What for should I steik mines upon the bench, the King's officer, bearing the sword, a dreid to evil-doers, as I was from the beginning, and as I will be to the end! Mair than enough of it! Heedious! I never gave twa thoughts to heediousness, I have no call to be bonny. I'm a man that gets through with my day's business, and let that suffice."

The ring of sarcasm had died out of his voice as he went on; the plain words became invested with some of the dignity of the Justice-seat.

"It would be telling you if you could say as much," the speaker resumed. "But ye cannot. Ye've been reading some of my cases, ye say. But it was not for the law in them, it was to spy out your faither's nakedness, a fine employment in a son. You're splairging; you're running at lairge in life like a wild nowt. It's impossible you should think any longer of coming to the Bar. You're not fit for it; no splairger is. And another thing: son of mines or no son of mines, you have flung fylement in public on one of the Senators of the Coallege of Justice, and I would make it my business to see that ye were never admitted there yourself. There is a kind of a decency to be observit. Then comes the next of it - what am I to do with ye next? Ye'll have to find some kind of a trade, for I'll never support ye in idleset. What do ye fancy ye'll be fit for? The pulpit? Na, they could never get diveenity into that bloackhead. Him that the law of man whammles is no likely to do muckle better by the law of God. What would ye make of hell? Wouldna your gorge rise at that? Na, there's no room for splairgers under the fower quarters of John Calvin. What else is there? Speak up. Have ye got nothing of your own?"

"Father, let me go to the Peninsula," said Archie. "That's all I'm fit for - to fight."

"All? quo' he!" returned the Judge. "And it would be enough too, if I thought it. But I'll never trust ye so near the French, you that's so Frenchi-feed."

"You do me injustice there, sir," said Archie. "I am loyal; I will not boast; but any interest I may have ever felt in the French - "

"Have ye been so loyal to me?" interrupted his father.

There came no reply.

"I think not," continued Hermiston. "And I would send no man to be a servant to the King, God bless him! that has proved such a shauchling son to his own faither. You can splairge here on Edinburgh street, and where's the hairm? It doesna play buff on me! And if there were twenty thousand eediots like yourself, sorrow a Duncan Jopp would hang the fewer. But there's no splairging possible in a camp; and if ye were to go to it, you would find out for yourself whether Lord Well'n'ton approves of caapital punishment or not. You a sodger!" he cried, with a sudden burst of scorn. "Ye auld wife, the sodgers would bray at ye like cuddies!"

As at the drawing of a curtain, Archie was aware of some illogicality in his position, and stood abashed. He had a strong impression, besides, of the essential valour of the old gentleman before him, how conveyed it would be hard to say.

"Well, have ye no other proposeetion?" said my lord again.

"You have taken this so calmly, sir, that I cannot but stand ashamed," began Archie.

"I'm nearer voamiting, though, than you would fancy," said my lord. The blood rose to Archie's brow.

"I beg your pardon, I should have said that you had accepted my affront. . . . I admit it was an affront; I did not think to apologise, but I do, I ask your pardon; it will not be so again, I pass you my word of honour. . . . I should have said that I admired your magnanimity with - this - offender," Archie concluded with a gulp.

"I have no other son, ye see," said Hermiston. "A bonny one I have gotten! But I must just do the best I can wi' him, and what am I to do? If ye had been younger, I would have wheepit ye for this rideeculous exhibeetion. The way it is, I have just to grin and bear. But one thing is to be clearly understood. As a faither, I must grin and bear it; but if I had been the Lord Advocate instead of the Lord Justice- Clerk, son or no son, Mr. Erchibald Weir would have been in a jyle the night."

Archie was now dominated. Lord Hermiston was coarse and cruel; and yet the son was aware of a bloomless nobility, an ungracious abnegation of the man's self in the man's office. At every word, this sense of the greatness of Lord Hermiston's spirit struck more home; and along with it that of his own impotence, who had struck - and perhaps basely struck - at his own father, and not reached so far as to have even nettled him.

"I place myself in your hands without reserve," he said.

"That's the first sensible word I've had of ye the night," said Hermiston. "I can tell ye, that would have been the end of it, the one way or the other; but it's better ye should come there yourself, than what I would have had to hirstle ye. Weel, by my way of it - and my way is the best - there's just the one thing it's possible that ye might be with decency, and that's a laird. Ye'll be out of hairm's way at the least of it. If ye have to rowt, ye can rowt amang the kye; and the maist feck of the caapital punishmeiit ye're like to come across'll be guddling trouts. Now, I'm for no idle lairdies; every man has to work, if it's only at peddling ballants; to work, or to be wheeped, or to be haangit. If I set ye down at Hermiston I'll have to see you work that place the way it has never been workit yet; ye must ken about the sheep like a herd; ye must be my grieve there, and I'll see that I gain by ye. Is that understood?"

"I will do my best," said Archie.

"Well, then, I'll send Kirstie word the morn, and ye can go yourself the day after," said Hermiston. "And just try to be less of an eediot!" he concluded with a freezing smile, and turned immediately to the papers on his desk. _

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