Chapter XII: Introduction: To the Heart of Mid-Lothian--(1830) (11)

All fell back to make way for the sufferers; and all, even the very rudest and most profligate, were struck with shame and silence. In the space thus abandoned to them by the mob, Deans stood, holding his daughter by the hand, and said to her, with a countenance strongly and sternly expressive of his internal emotion, “Ye hear with your ears, and ye see with your eyes, where and to whom the backslidings and defections of professors are ascribed by the scoffers. Not to themselves alone, but to the kirk of which they are members, and to its blessed and invisible Head. Then, weel may we take wií patience our share and portion of this outspreading reproach.”

The man who had spoken, no other than our old friend, Dumbiedikes, whose mouth, like that of the prophetís ass, had been opened by the emergency of the case, now joined them, and, with his usual taciturnity, escorted them into the Court-house. No opposition was offered to their entrance either by the guards or doorkeepers; and it is even said that one of the latter refused a shilling of civility-money tendered him by the Laird of Dumbiedikes, who was of opinion that “siller wad make aí easy.” But this last incident wants confirmation.

Admitted within the precincts of the Court-house, they found the usual number of busy office-bearers, and idle loiterers, who attend on these scenes by choice, or from duty. Burghers gaped and stared; young lawyers sauntered, sneered, and laughed, as in the pit of the theatre; while others apart sat on a bench retired, and reasoned highly, _inter apices juris,_ on the doctrines of constructive crime, and the true import of the statute. The bench was prepared for the arrival of the judges. The jurors were in attendance. The crown-counsel, employed in looking over their briefs and notes of evidence, looked grave, and whispered with each other. They occupied one side of a large table placed beneath the bench; on the other sat the advocates, whom the humanity of the Scottish law (in this particular more liberal than that of the sister-country) not only permits, but enjoins, to appear and assist with their advice and skill all persons under trial. Mr. Nichil Novit was seen actively instructing the counsel for the panel (so the prisoner is called in Scottish law-phraseology), busy, bustling, and important. When they entered the Court-room, Deans asked the Laird, in a tremulous whisper, “Where will _she_ sit?”

Dumbiedikes whispered Novit, who pointed to a vacant space at the bar, fronting the judges, and was about to conduct Deans towards it.

“No!” he said; “I cannot sit by her--I cannot own her--not as yet, at least--I will keep out of her sight, and turn mine own eyes elsewhere--better for us baith.”

Saddletree, whose repeated interference with the counsel had procured him one or two rebuffs, and a special request that he would concern himself with his own matters, now saw with pleasure an opportunity of playing the person of importance. He bustled up to the poor old man, and proceeded to exhibit his consequence, by securing, through his interest with the bar-keepers and macers, a seat for Deans, in a situation where he was hidden from the general eye by the projecting corner of the bench.

“Itís gude to have a friend at court,” he said, continuing his heartless harangues to the passive auditor, who neither heard nor replied to them; “few folk but mysell could hae sorted ye out a seat like this--the Lords will be here incontinent, and proceed _instanter_ to trial. They wunna fence the Court as they do at the Circuit--the High Court of Justiciary is aye fenced.--But, Lordís sake, whatís this oít--Jeanie, ye are a cited witness--Macer, this lass is a witness--she maun be enclosed--she maun on nae account be at large.--Mr. Novit, suldna Jeanie Deans be enclosed?”

Novit answered in the affirmative, and offered to conduct Jeanie to the apartment, where, according to the scrupulous practice of the Scottish Court, the witnesses remain in readiness to be called into Court to give evidence; and separated, at the same time, from all who might influence their testimony, or give them information concerning that which was passing upon the trial.

“Is this necessary?” said Jeanie, still reluctant to quit her fatherís hand.

“A matter of absolute needcessity,” said Saddletree, “wha ever heard of witnesses no being enclosed?”

“It is really a matter of necessity,” said the younger counsellor, retained for her sister; and Jeanie reluctantly followed the macer of the Court to the place appointed.

“This, Mr. Deans,” said Saddletree, “is caíd sequestering a witness; but itís clean different (whilk maybe ye wadna fund out oí yoursell) frae sequestering aneís estate or effects, as in cases of bankruptcy. I hae aften been sequestered as a witness, for the Sheriff is in the use whiles to cry me in to witness the declarations at precognitions, and so is Mr. Sharpitlaw; but I was neíer like to be sequestered oí land and gudes but ance, and that was lang syne, afore I was married. But whisht, whisht! hereís the Court coming.”

As he spoke, the five Lords of Justiciary, in their long robes of scarlet, faced with white, and preceded by their mace-bearer, entered with the usual formalities, and took their places upon the bench of judgment.

The audience rose to receive them; and the bustle occasioned by their entrance was hardly composed, when a great noise and confusion of persons struggling, and forcibly endeavouring to enter at the doors of the Court-room, and of the galleries, announced that the prisoner was about to be placed at the bar. This tumult takes place when the doors, at first only opened to those either having right to be present, or to the better and more qualified ranks, are at length laid open to all whose curiosity induces them to be present on the occasion. With inflamed countenances and dishevelled dresses, struggling with, and sometimes tumbling over each other, in rushed the rude multitude, while a few soldiers, forming, as it were, the centre of the tide, could scarce, with all their efforts, clear a passage for the prisoner to the place which she was to occupy. By the authority of the Court, and the exertions of its officers, the tumult among the spectators was at length appeased, and the unhappy girl brought forward, and placed betwixt two sentinels with drawn bayonets, as a prisoner at the bar, where she was to abide her deliverance for good or evil, according to the issue of her trial.