Next day, before the magistrate, Wardlaw senior proved the note was a forgery, and Mr. Adams's partner swore to the prisoner as the person who had presented and indorsed the note. The officers attended, two with black eyes apiece, and one with his jaw bound up, and two sound teeth in his pocket, which had been driven from their sockets by the prisoner in his desperate attempt to escape. Their evidence hurt the prisoner, and the magistrate refused bail.
The Reverend Robert Penfold was committed to prison, to be tried at the Central Criminal Court on a charge of felony.
Wardlaw senior returned home, and told Wardlaw junior, who said not a word. He soon received a letter from Robert Penfold, which agitated him greatly, and he promised to go to the prison and see him.
But he never went.
He was very miserable, a prey to an inward struggle. He dared not offend his father on the eve of being made partner. Yet his heart bled for Robert Penfold.
He did what might perhaps have been expected from that pale eye and receding chin--he temporized. He said to himself, "Before that horrible trial comes on, I shall be the house of Wardlaw, and able to draw a check for thousands. I'll buy off Adams at any price, and hush up the whole matter."
So he hoped, and hoped. But the accountant was slow, the public prosecutor unusually quick; and, to young Wardlaw's agony, the partnership deed was not ready when an imploring letter was put into his hands, urging him, by all that men hold sacred, to attend at the court as the prisoner's witness.
This letter almost drove young Wardlaw mad. He went to Adams and entreated him not to carry the matter into court. But Adams was inexorable. He had got his money, but would be revenged for the fright.
Baffled here, young Wardlaw went down to Oxford and shut himself up in his own room, a prey to fear and remorse. He sported his oak, and never went out. All his exercise was that of a wild beast in its den, walking restlessly up and down.
But all his caution did not prevent the prisoner's solicitor from getting to him. One morning, at seven o'clock, a clerk slipped in at the heels of his scout, and, coming to young Wardlaw's bedside, awoke him out of an uneasy slumber by serving him with a subpoena to appear as Robert Penfold's witness.
This last stroke finished him. His bodily health gave way under his mental distress. Gastric fever set in, and he was lying tossing and raving in delirium, while Robert Penfold was being tried at the Central Criminal Court.
The trial occupied six hours, and could easily be made rather interesting. But, for various reasons, with which it would not be good taste to trouble the reader, we decide to skim it.
The indictment contained two counts; one for forging the note of hand, the other for uttering it knowing it to be forged.
On the first count, the Crown was weak, and had to encounter the evidence of Undercliff, the distinguished expert, who swore that the hand which wrote "Robert Penfold" was not, in his opinion, the hand that had written the body of the instrument. He gave many minute reasons in support of this. And nothing of any weight was advanced contra. The judge directed the jury to acquit the prisoner on that count.
But, on the charge of uttering, the evidence was clear, and on the question of knowledge it was, perhaps, a disadvantage to the prisoner that he was tried in England, and could not be heard in person, as he could have been in a foreign court; above all, his resistance to the officers eked out the presumption that he knew the note had been forged by some person or other, who was probably his accomplice.
