proceeding of his, he had even given them a double
chance of being traced. He (Mr. Balais) was not
there, of course, to justify the conduct of the prisoner
at the bar. It was unjustifiable, it was reprehensible
in a very high degree; but what he did maintain was
that, even taking for granted all that had been put
in evidence, this young man’s conduct was not
criminal; it was not that of a thief. He had never
had the least intention of stealing this money; his
scheme had been merely a stratagem to obtain the object
of his affections for his wife. This Trevethick
was a hard and grasping man, and it was necessary
for the young fellow to satisfy him that he was possessed
of certain property before he would listen to any
proposition for his daughter’s hand. His
idea—a wrong and foolish one, indeed, but
then look at his youth and inexperience—was
to impose upon this old miser, by showing him his
own money in another form, and then, when he had gained
his object, to return it to him. Mr. Balais was,
for his own part, as certain of such being the fact
as that he was standing in that court-house.
Let them turn their eyes on the unhappy prisoner in
the dock, and judge for themselves whether he looked
like the mere felon which his learned friend had painted
him, or the romantic, self-deceiving, thoughtless
lad, such as he (Mr. Balais) felt convinced he was.
They had all heard of the proverb that all things were
fair in love as in war. When the jury had been
young themselves perhaps some of them had acted upon
that theory; at all events, it was not an unnatural
idea for young people to act upon. Proverbs had
always a certain weight and authority of their own.
They were not necessarily Holy Writ (Mr. Balais was
not quite certain whether the proverb in question
was one of Solomon’s own or not, so he put it
in this cautious manner), but they smacked of it.
This Richard Yorke, perhaps, had thought it no great
harm to win his love by a false representation of
the state of his finances. He could not see his
way how otherwise to melt the stony heart of this
old curmudgeon, who had doubtless—notwithstanding
the evidence they had heard from him that day—encouraged
the young man’s addresses so long as he believed
him to be Mr. Carew’s lawful heir. The
whole question, in fact, resolved itself into one
of motive; and if there was not a word of evidence
forthcoming upon the prisoner’s part, he (Mr.
Balais) would have left the case in the jury’s
hands, with the confident conviction that they would
never impute to that unhappy boy—who had
already suffered such tortures of mind and body as
were more than a sufficient punishment for his offense—the
deliberate and shameful crime of which he stood accused.
He had lost his position in the world already; he had
lost his sweetheart, for they had all heard that day
that she was about to be driven into wedlock with
his rival, a man twice his age and hers; he had lost
the protection of his father—his own flesh