![laws of old, the life of the prisoner was in as great danger as if he
had committed murder, would become impressed by the deepest
sense of his situation, and speak by the hour together, if some great
man were slain by the hand of an inferior; and the slightest touch of
romance will hold a court for hours over a trial for murder, which
would hang a dozen men for simple forgery in an hour and a half;
and yet the responsibility is the same--the life of a fellow-being is in
both cases at stake.[1] Although, perhaps, it no longer happens that
"Wretches hang, that jurymen may dine;" yet many a man has a
cause affecting his life, or his happiness through life, tried with no
slight inattention, because he has not committed some distinguished
crime, or performed it in a remarkable manner.
At length, the expected moment came for the trial of Martin and
his companions, and the prisoners were brought in and placed at the
bar. All eyes were upon them, and certainly an awful moment must it
be, when a man enters a crowded and expecting court, loaded with
the charge of a heavy crime, waiting for the ordeal of a public trial,
knowing that his fate for life or death is there to be sealed in a few
short hours, and sees fixed upon him the thousand eyes of a
multitude who have come there to pry into and enjoy all his
emotions, to witness the terrible struggle, and mark how he bears
his destiny. It must be a strong heart, or a hard one, that can
endure that first look with calmness.
Very different from each other, in aspect and demeanour, were
the four men who now advanced into the dock. Two of them hung
their heads and looked down upon the ground; one of them gazed
around with a faint and affected smile, nodding to some one that he
saw in the crowd, and labouring painfully to appear at ease. Martin,
on the contrary, came forward, looking straight before him, with his
head erect, his broad chest expanded, and his step slow, but firm.
His brow was somewhat knit and thoughtful, but his air was frank as
usual, and after having gazed towards the bench and the barristers'
table, he turned his eyes slowly to the right and left, scanning the
eager faces of the crowd with an unquailing eye and an unchanging](https://image.slidesharecdn.com/137885-250419122933-70da41db/85/Semantic-Web-Based-Systems-Quality-Assessment-Models-SpringerBriefs-in-Computer-Science-Kumar-33-320.jpg)
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- 5. SPRINGER BRIEFS IN COMPUTER SCIENCE Sandeep Kumar Niyati Baliyan SemanticWeb- Based Systems Quality Assessment Models
- 6. SpringerBriefs in Computer Science Series editors Stan Zdonik, Brown University, Providence, RI, USA Shashi Shekhar, University of Minnesota, Minneapolis, MN, USA Xindong Wu, University of Vermont, Burlington, VT, USA Lakhmi C. Jain, University of South Australia, Adelaide, SA, Australia David Padua, University of Illinois Urbana-Champaign, Urbana, IL, USA Xuemin Sherman Shen, University of Waterloo, Waterloo, ON, Canada Borko Furht, Florida Atlantic University, Boca Raton, FL, USA V. S. Subrahmanian, University of Maryland, College Park, MA, USA Martial Hebert, Carnegie Mellon University, Pittsburgh, PA, USA Katsushi Ikeuchi, University of Tokyo, Tokyo, Japan Bruno Siciliano, Università di Napoli Federico II, Napoli, Italy Sushil Jajodia, George Mason University, Fairfax, VA, USA Newton Lee, Newton Lee Laboratories, LLC, Burbank, CA, USA
- 7. SpringerBriefs present concise summaries of cutting-edge research and practical applications across a wide spectrum of fields. Featuring compact volumes of 50 to 125 pages, the series covers a range of content from professional to academic. Typical topics might include: • A timely report of state-of-the art analytical techniques • A bridge between new research results, as published in journal articles, and a contextual literature review • A snapshot of a hot or emerging topic • An in-depth case study or clinical example • A presentation of core concepts that students must understand in order to make independent contributions Briefs allow authors to present their ideas and readers to absorb them with minimal time investment. Briefs will be published as part of Springer’s eBook collection, with millions of users worldwide. In addition, Briefs will be available for individual print and electronic purchase. Briefs are characterized by fast, global electronic dissemination, standard publishing contracts, easy-to-use manuscript preparation and formatting guidelines, and expedited production schedules. We aim for publication 8–12 weeks after acceptance. Both solicited and unsolicited manuscripts are considered for publication in this series. More information about this series at http://www.springer.com/series/10028
- 8. Sandeep Kumar • Niyati Baliyan Semantic Web-Based Systems Quality Assessment Models 123
- 9. Sandeep Kumar Department of Computer Science and Engineering Indian Institute of Technology Roorkee Roorkee, Uttarakhand India Niyati Baliyan Department of Information Technology Indira Gandhi Delhi Technical University for Women New Delhi, Delhi India ISSN 2191-5768 ISSN 2191-5776 (electronic) SpringerBriefs in Computer Science ISBN 978-981-10-7699-2 ISBN 978-981-10-7700-5 (eBook) https://doi.org/10.1007/978-981-10-7700-5 Library of Congress Control Number: 2018945453 © The Author(s) 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
- 10. Preface As a result of dynamic nature of software, the software engineering study and practice has transformed drastically. There have been transitions from a stand-alone application to Web application and a recent development being that of Semantic Web-based applications. Semantic Web is characterized by machine comprehen- sibility of the content, sharing, and reuse among heterogeneous applications, modular structure of its domain vocabulary, and availability as a service. Owing to the difference in characteristics of such applications, the currently available soft- ware quality models are considered to be either inappropriate or incomplete for the assessment of Semantic Web-based applications. Quality evaluation of Semantic Web-based applications is an interesting problem nowadays since they are not solely utilized for information retrieval in a semantic search engine, but being widely employed in the healthcare industry, social networks, e-learning programs, and multimedia processing, among others. Semantic Web applications are a layered cake with ontology at the backbone, description and formal logic in the middle, and the deployment layer at the outermost end. Further, the syntactical composition of ontology as well as its behavior within a Semantic Web-based system or application needs to be assessed. This book initially presents the basic concepts related to the Semantic Web, Semantic Web-based applications, Web applications, ontology and their quality aspects. In addition to various important works reported in this area, our reported works on evaluating the structural quality of modular ontologies and additionally metrics for evaluation of ontology behavior are also summarized. In the presence of multiple Semantic Web applications, offering similar functionality, it is reasonable to evaluate them and make a choice based on the fulfillment of non-functional requirements from them. Further, the quality evaluation of Semantic Web applications deployed on the cloud is summarized, in order to better under- stand, maintain, integrate, and reuse such applications. This book has been orga- nized as follows. Chapter 1 provides a brief introduction to some of the basic topics related to Semantic Web, ontology, modular ontology, quality, etc. Chapter 2 presents quality assessment of modular ontology. The chapter initially summarizes some works reported in this direction and then discusses one of the models in detail. Chapter 3 discusses the quality evaluation of Semantic Web-based applications as a v
- 11. whole. Chapter 4 provides a discussion on quality evaluation of Semantic Web applications deployed as service. The primary contribution of this book lies in presenting a single source of information for software engineers in general and ontology engineers in particular in figuring out the best modularization on the basis of goodness of (re)use, irrespective of their types and size. This book can also work as an initial source of information for starting research in this domain. We are hopeful that this book will not only provide a good introductory reference but also give the reader a breadth and depth of this topic. Roorkee, India Sandeep Kumar New Delhi, India Niyati Baliyan vi Preface
- 12. Acknowledgements I would like to express my sincere thanks to my institute, Indian Institute of Technology Roorkee, India, for providing me healthy and conducive working environment. I am also thankful to the faculty members of the Department of Computer Science and Engineering, Indian Institute of Technology Roorkee, India, for their constant support and encouragement. I am especially thankful to some of my colleagues there, who are more like friends and give me constant support. I am thankful to my past postgraduate students, especially Shriya Sukalikar and Satish Dalal, whose work helped in some part of this book. I am also thankful to Prof. R. B. Mishra of Indian Institute of Technology, Banaras Hindu University, India, for his guidance. I am also grateful to the editor and the publication team of the Springer. I am really thankful to my wife, sisters, brother, parents-in-law, and my lovely daughter Aastha, who is my life, for their love and blessings. I have no words to mention the support, patience, and sacrifice of my parents. I dedicate this book to God and to my family. —Sandeep Kumar I express profound gratitude to God. I also feel extremely thankful to a lot of people who facilitated the start and finish of this book, either directly or indirectly. I thank Dr. Sandeep Kumar, first and foremost for the impetus to write this book. I want to acknowledge my husband for his persistent backing. It is also hard to imagine this book without the blessing of my parents. I thank all my friends and colleagues for being a source of inspiration and love throughout my journey. I want to thank anonymous reviewers for proofreading the chapters and the publishing team. —Niyati Baliyan vii
- 13. Contents 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Semantic Web . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.1.1 Layered Architecture of Semantic Web . . . . . . . . . . . . . . . 4 1.2 Ontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.2.1 Modular Ontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1.3 Semantic Web Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1.3.1 Conventional Software Versus Web Applications . . . . . . . 11 1.3.2 Web Applications Versus Semantic Web Applications . . . . 12 1.4 Semantic Web Application as a Service . . . . . . . . . . . . . . . . . . . . 13 1.5 Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1.6 Conclusion and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Quality Evaluation of Ontologies . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2.1 Quality Evaluation of Modular Ontology . . . . . . . . . . . . . . . . . . . 20 2.2 Overview of Some Works on Quality Evaluation of Modular Ontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2.3 A Quality Evaluation Model for Modular Ontology . . . . . . . . . . . 24 2.3.1 Cohesion and Coupling Metrics . . . . . . . . . . . . . . . . . . . . 25 2.3.2 Complexity Metrics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2.3.3 Behavioral Metrics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2.4 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2.5 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2.6 Conclusion and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 3 Quality Evaluation of Semantic Web Applications . . . . . . . . . . . . . . 51 3.1 Semantic Web Application Quality . . . . . . . . . . . . . . . . . . . . . . . 52 3.2 Overview of Some Works on Quality Evaluation of Semantic Web Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 ix
- 14. 3.3 A Quality Evaluation Model for Semantic Web Applications . . . . 54 3.3.1 Quality-Based Ranking Using Analytic Hierarchy Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 3.3.2 Quality-Based Ranking Using Fuzzy Inference System . . . 67 3.4 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 3.5 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 3.6 Conclusion and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4 Quality Evaluation of Semantic Web Application as a Service . . . . . 75 4.1 Background and Motivation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 4.2 A Quality Model for SWAaaS . . . . . . . . . . . . . . . . . . . . . . . . . . 77 4.3 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4.4 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 4.5 Conclusion and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Closing Remarks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 x Contents
- 15. About the Authors Sandeep Kumar (SMIEEE’17) is currently working as an assistant professor in the Department of Computer Science and Engineering, Indian Institute of Technology (IIT) Roorkee, India. He has supervised three Ph.D. theses, about 30 master dissertations, about 15 undergraduate projects and is currently supervising four Ph.D. students. He has published more than 45 research papers in international/ national journals and conferences and has also written books/chapters with Springer, USA, and IGI Publications, USA. He has also filed two patents for his work done along with his students. He is the member of the board of examiners and board of studies of various universities and institutions. He has collaborations in industry and academia. He is currently handling multiple national and international research/ consultancy projects. He has received NSF/TCPP early adopter award-2014, 2015, ITS Travel Award 2011 and 2013, and others. He is the member of ACM and senior member of IEEE. His name has also been enlisted in major directories such as Marquis Who’s Who, IBC. His areas of interest include Semantic Web, Web services, and software engineering. Email: sandeepkumargarg@gmail.com, sgargfec@iitr.ac.in Niyati Baliyan received her Ph.D. degree from the Computer Science and Engineering Department, Indian Institute of Technology Roorkee, India, in 2016. She topped Gautam Buddha University, Greater Noida, India, during her M.Tech. pro- gram in Information and Communication Technology. She has also attained post- graduate certificate with honors in Information Technology from Sheffield Hallam University, UK, where she was an exchange student on scholarship. She has authored and reviewed many chapters, journals, and conference papers. She is currently working as an assistant professor at Indira Gandhi Delhi Technical University for Women, New Delhi, Delhi, India. Prior to this, she has guided four M.E. theses while teaching at Thapar Institute of Engineering and Technology University, Patiala, India. Her research interests include Semantic Web, ontologies, graph theory, and data analytics. Email: niyati.baliyan@gmail.com, niyatibaliyan@igdtuw.ac.in xi
- 16. Chapter 1 Introduction Abstract The conventional software has traversed a long route from a stand-alone application to a Web application, and now Semantic Web application, sometimes deployed as a service. In parallel, software engineering has evolved significantly in the recent years, with respect to the way it is studied as well as the way it is practiced. This change can majorly be attributed to the constantly changing characteristics of software. The machine-comprehendible, sharable, reusable content across multiple applications, modular structure of domain-specific vocabulary (ontology), and avail- ability of the application as a service may be cited as a few factors for the popular use of Semantic Web-based applications. As reflected in their name, Semantic Web-based applications render meaningful information or knowledge to their users, at the time of storage and retrieval. However, nowadays, these applications are not merely used for information retrieval through a semantic search engine; they have rather found a viable marketplace in the healthcare industry, social networks, e-learning platforms, andmultimediaprocessing,tonameafew.SemanticWebresearchprototypesarenow prevalent and gain the interest of academicians, owing to the knowledge contained in them in the form of a modularly structured vocabulary of a particular domain, namely ontology. When annotated to an application, ontology serves as metadata and makes the application more meaningful and hence more powerful. It is said that what cannot be measured, cannot be improved, hence the motivation to measure the quality of Semantic Web applications to exploit them for effective use. The notion of quality is primarily concerned with the satisfaction of explicit and implicit needs of the users of the entity whose quality is in question. The software quality models available as on date are found to be either incomplete or irrelevant for the evalu- ation of Semantic Web-based applications. A quality framework for the Semantic Web applications will acknowledge their layered structure; there is ontology at the bottom, description logic in the middle, and deployment layer at the top. The quality assessment of Semantic Web applications at various layers may give various per- spectives to the developers as well as to the users and assist them in conforming to and confirming quality, respectively. Keywords Semantic Web · Ontology · Quality © The Author(s) 2018 S. Kumar and N. Baliyan, Semantic Web-Based Systems, SpringerBriefs in Computer Science, https://doi.org/10.1007/978-981-10-7700-5_1 1
- 17. 2 1 Introduction This chapter introduces primary topics of the book, i.e., Semantic Web, ontol- ogy, and quality, along with mentioning relevant terminology used throughout the book. This chapter is organized as follows. Section 1.1 presents the fundamentals of Semantic Web along with its layered architecture. A discussion on ontology in the purview of modular ontology is given in Sect. 1.2. Next, Sect. 1.3 gives an overview of the software evolution, jotting down striking differences among conventional and contemporary Web applications, and Semantic Web applications. Section 1.4 briefly discusses Semantic Web applications when deployed on the cloud, i.e., as a ser- vice. The notion of quality is presented in Sect. 1.5. Lastly, Sect. 1.6 concludes this introductory chapter. 1.1 Semantic Web The idea of Semantic Web has emerged from the project of Berners-Lee et al. (2001), who anticipated a Web of data. In other words, Berners-Lee envisioned Web in the form of one unified storehouse of information instead of a massive pool of Web sites and Web pages. Semantic Web is not a substitute for, rather an addition to the currentWeb.TheSemanticWebenablesinformationtohaveclearlydefinedmeaning, thereby facilitating computer and people to work in collaboration. Both machines and humans can infer the meaning on the Semantic Web, with the intention of sharing, reusing, searching, and aggregating Web’s information. This is made feasible through addition of new data and metadata to existing Web documents. The Semantic Web achieves the primary goal of advanced automatic processing of Web contents by man and machine alike, by building a layer on the current Web. The Semantic Web uses the notion of self-describing, machine-understandable knowledge, which is accessible through standard Web-programming constructs. The semantic layer links numerous knowledge sources carrying well-defined semantics, across the Web (Schwartz 2003). Semantic Web attempts to capture and make use of content’s semantics in order to renovate current Web from a platform for infor- mation representation to a platform for information comprehension and reasoning (McGuinness et al. 2002). With trillion Web sites in place, and billions of users, the Semantic Web technology clearly enables a smarter search instead of string matching, query response instead of information retrieval, document exchange across heteroge- neous sources via ontology mappings, and definition of tailored views on documents (Fensel 2005). Furthermore, semantic annotations in Web services may automate service discovery, composition, negotiation, and delivery.
- 18. 1.1 Semantic Web 3 The Semantic Web is no longer merely a vision, the Semantic Web technology is widely being used in real-world applications such as Twine, Swoogle, Freebase, Google Knowledge Graph, Mozilla Firefox (Floridi 2009), and its applications have been reported in various works (Iribarne et al. 2011; Asensio et al. 2011; Smith et al. 2014). The advantages of this Web of data over conventional Web are many: improved searches, faster retrieval, and handling of an average query, particularly in a data- centric domain, to name a few. Imagine that a patient’s medical history, despite being procured from multiple heterogeneous sources, can be organized, sifted, and reused by a doctor if it is given in the hands of Semantic Web technologies. For fulfilling this functional requirement, a Semantic Web-based application can be developed in the field of health care, reaping numerous benefits such as enhanced productivity, decreased development time and cost, and improved quality. Antoniou and Harmelen (2004) define some terms relevant in the context of Semantic Web as follows: • Resource: anything that the Uniform Resource Indicator (URI) can identify. • Language: means to formal specification, could be parsing or processing. • Semantic Annotations: metadata describing an object and its property value or two objects and their relation in a formal way. Some languages for semantic annotations are Resource Description Framework (RDF), Web Ontology Language (OWL), etc. The annotations can be manual or automatic. • RDF represents metadata in the form of triplets <object, property, value> or <object, relation, object>. • Ontology: vocabulary of a domain, often represented as a graph for annotation. • Logical support: rules to infer explicit content from implicit content (i.e., meaning from semantic annotations and ontology). The language for rules is Rule Modeling Language (RuleML). Its tools are called knowledge acquisition tools. • SPARQL Protocol and RDF Query Language (SPARQL) verify structured data. Thecontext-specifictaxonomyandrelatedconstraintsarestructureddata,whichis machineunderstandable,expressedinOWL,andverifiedinSPARQL(Antoniouetal. 2012). Figure 1.1 illustrates the interlocking ideas of HTML, RDF, and metadata.
- 19. 4 1 Introduction Fig. 1.1 RDF and structured data machine understandble (structured) meta data SemanƟcs of web's data (RDF) Structure of web's data (HTML) With the advent of Semantic Web, both users and machines act as producers and consumers of data and documents carry semantic annotations. The Semantic Web is also known as Web 3.0 as opposed to Web 2.0 where there were documents and users; the latter act as both producer and consumer of data. Even much earlier, the Web 1.0 comprised dedicated users as producers and consumers of data, in a mutually exclusive fashion. 1.1.1 Layered Architecture of Semantic Web The Semantic Web architecture can be viewed as a layered stack of technologies (Fugini et al. 2016). As seen in Fig. 1.2, at the bottom there is URI as a string of characters for the identification of a name or a resource. The RDF is a generic way of modeling Web resource information, with the help of syntactic formatting. The Extensible Markup Language (XML) draws rules for encoding documents in a human- and machine-understandable format. On the top of RDF/XML is the RDF schema, which is a collection of classes with specific features for describing ontolo- gies. Each language for the Semantic Web (such as OWL) gives a formal meaning based on model-theoretic semantics in its abstract syntax. The unifying logic and proof establish truth of statements and infer unstated facts. Right beneath the outer- most layer of user interface and Semantic Web applications is the trust, signifying authentication of statements.
- 20. Exploring the Variety of Random Documents with Different Content
- 21. It was in the interior of the well-known prison of York, just after nightfall, that the prisoner Harry Martin sat by himself, having been permitted a long interview with his wife in the course of the day, and having apparently derived great comfort and consolation from her presence--much greater, indeed, than that which he had derived from a conversation with his lawyer, who had taken a view of his case not the most encouraging. During the first day or two of his imprisonment he had, to say the truth, felt a degree of despairing anxiety which he had never before known in life; not, indeed, that he had displayed any external sign of apprehension, unless it were a stern gravity of language rather different from his usual gay and reckless tone. But upon the whole he had been calm, talking with any one who saw him upon indifferent subjects, and seemingly not at all engrossed with his own situation, but only feeling the general impression of a serious charge. His demeanour altogether had much pleased not only the governor of the prison, but also the turnkeys; and the former declared that he had seen many a guilty man in his day, but he had never seen any who had less the manner of one than Mr. Martin, nor could he conceive that what all the London officers said of him was true; while the turnkeys, on their part, vowed that, whatever he had done, Mr. Martin was "quite a gentleman." Although even in those days the prison licentiousness, commemorated in the Beggar's Opera and in the works of our older novelists, had been very nearly done away, yet a degree of licence existed in our gaols unknown to our stricter rule. The discipline of a prison was a very different thing then from that which it is now, and it rarely happened that a harsh magistrate interdicted a prisoner before trial from any reasonable communication with his friends and acquaintances. All that was required from the governor of a gaol was the secure custody of the prisoner's person, and if that was properly cared for, few questions of any kind were asked.
- 22. There were hours fixed, however, beyond which any visits to the prison were not usually permitted, and it was with some surprise, therefore, that Harry Martin saw the door of his cell open a few hours after the ordinary time of admission. "A gentleman wants to speak with you, Mr. Martin," said one of the turnkeys, and the prisoner, raising his eyes, beheld a tall and powerful man, wrapped in a travelling cloak, enter the room while the gaoler held the door for him to pass in. Harry Martin was not one to forget readily a face he had once seen, but it took the reflection of a moment or two to connect that of his visitor with the events of the past; and ere his recollection served him, the door was closed, and he stood face to face with the personage whom we have called Count Lieberg. The moment that he became aware of who it was, the brow of the prisoner contracted, and he demanded sternly--"What do you want with me?" Lieberg's dark, keen eye rested upon him heavily, with that sort of oppressive light which seemed at once to see into and weigh down the heart of those he gazed at, and he remained for a moment or two without making any reply, as if to let the man before him feel the full force of that basilisk glance. "When last we met," he said, at length, "you took away some papers--" Harry Martin had by this time recollected himself, and he replied. with a loud laugh--"When last we met? Did we ever meet at all? That is the question, my fine fellow. You seem to me as impudent as a quack doctor, and I dare say are as great a liar as a horse- chanter." "When last we met," repeated Lieberg, in an unaltered tone, "you took a pocket-book of mine, containing some papers of value to me and of no value to you. What has become of them?"
- 23. "What has become of them!" cried Harry Martin. "If I took any papers of yours, depend upon it that they are by this time what you and I soon will be." "And what is that?" demanded Lieberg. "Dust and ashes--dust and ashes!" replied Harry Martin. "You make a mistake," said Lieberg, calmly, "I have no intention of being anything of the kind. But listen to me for a moment, my good friend, and I will give you sufficient motives for making you change your mind in this business. Those papers are of great consequence to me; if they can't be found, the proofs of the facts to which they referred are the next important things to obtain. If you can furnish me with either the one or the other, you will benefit me and yourself too. Hear me!--you will save your own neck from the gallows--You will save your own life, I say." "I would not, to save fifty lives," answered Harry Martin. "Come, don't talk to me any more about it, for I don't want to hear such stuff. You have no power to give life or to take it. You, who, if laws were equal, and punishments proportioned to crime, would find a far higher gallows than any of us poor fellows--you, who are a robber of more than money--a murderer of more than life--who gave you power to offer me safety, or anything like it?" "The chance that placed me in the house which you broke into," replied Lieberg, "and the wit that made me lie quiet when I found there was no use in resisting. Upon my words hangs your life, and I pledge my honour to save it, if you but restore me those papers." "Your honour!" exclaimed Harry Martin. "What's your honour worth? I have heard some tricks of your honour, that make it of as little value, to those who know what is underneath the surface, as a coiner's shilling."
- 24. "You are in the wrong," said Lieberg, calmly, keeping still fixed upon him that peculiar look which Harry Martin could not prevent himself from feeling, notwithstanding all his daring hardihood--"you are quite in the wrong, my good friend, and are risking your neck, or rather, I should say, absolutely condemning yourself to death for the sake of a youth who has betrayed you, and who was the first to bring upon you the eye of the law." "Has he betrayed me?" demanded Harry Martin, with his eye flashing. "Has he betrayed me? If I thought that--" "I can prove it," replied Lieberg. "You have mistaken your friends for your enemies, my good man. Listen to me for a very brief space of time, and you shall soon see that you have not only done me injustice, but yourself too. All the information that you possess, with regard to me and to my proceedings, has been derived from a youth whom you yourself know to be one of the most egregious liars in Europe, who has misrepresented my conduct to every one, even while I was acting for his own good. I should have supposed that you were too wise to trust to one word that he says, even from what you knew of him before; but surely you will not be foolish enough to give the slightest credit to the falsehoods which he has spoken of me, when you find that he is rascal enough to betray you without the least hesitation. Of the latter fact you may be quite sure, although he may very likely have bargained not to be brought forward at your trial. Take any means that you like to satisfy yourself, and you will find that almost immediately after the robbery had been committed, he went to the house of Mr. Carr, and has remained there ever since. You will find, also, that his sister has been brought down to give evidence against you; and every enquiry that you make will prove to you, more and more strongly, that it was he who pointed you out to the police as the man, even when suspicion had very naturally fallen upon two other persons." Harry Martin walked up and down the narrow space of the cell, in a state of terrible agitation. "So, so!" he said, "this is the game! He
- 25. shall smart for it!--I wish I had my hand upon his shoulder, that's all; but I will have my day, yet. Never mind--revenge will come, and it is sweet!" "It is, indeed!" said Lieberg, with a tone of such earnestness, that no one could doubt he felt the burning passion, the hell-thirst of which he spoke, with strong intensity, notwithstanding the calm and indifferent demeanour which he so generally affected. "It is, indeed," he said, "and no man who knows how sweet it is, lets slip the opportunity when presented to him. The way before you, my good friend, is open, and easy; give me those papers; or, if you really have them not, furnish me with the proofs, which I know you possess, against the boy, William Barham, and you at once save your own life, and gain your revenge against him; for I tell you fairly, it is at him I strike." "Pooh! nonsense!--don't talk to me," cried Harry Martin; "it's his sister you want. You care devilish little about him. Do you think to come humbugging me in that manner?" "You are mistaken," said Lieberg, sternly; "I may seek revenge upon them both, and so may you, too, for she is as much your enemy as he is, and has come down for the express purpose of giving evidence against you." "Not she!" cried Harry Martin; "that's a lie--I'll never believe it!" "I tell you, she arrived in York last night, with Mr. Carr," replied Lieberg; "and, as you know, the trial comes on the day after tomorrow." "She'll give no evidence against me, I'm sure," said Harry Martin, gazing down upon the floor, but speaking in a less assured tone than he had used before. "I don't think she would, if her life were at stake."
- 26. "If you are quite sure of that," answered Lieberg, in a meaning tone--"if you are quite sure that the fear of being committed, and of suffering a tedious imprisonment will not induce her to give some intimation of the facts, you can trust her, and make yourself easy upon her score. It were as well, however, to recollect all the arguments that may be used to induce a girl like that to speak what she knows, however strongly she may have promised you not to do so. In the first place, they will shew her, that, both morally and religiously, promises extorted under threats and the fear of death are always held to be no promises at all, and quite in vain. They will get lawyers, and priests, and friends, to tell her all this; and then they will set before her eyes her duty to her country, and shew that everybody is bound, by the strongest of moral obligations, to aid in bringing an offender to justice. All the arguments, in short, which a poor gentleman, whom you call the devil, has supplied to make people betray each other under the idea of being very virtuous, will be used towards her, and with effect; and then, to back all these persuasions, will be held out the terror of the law, which is armed with power to punish those who do not do their duty to society. Do you think any girl will hold out against all this--against the arguments of lawyers, and friends, and divines--and most likely, against her own convictions also; and will quietly walk into a prison for an uncertain space of time, solely to save a man from the gallows whom she never saw but once in her life? If you do, my good friend, trust her--trust her by all means; you are the best judge of the value of your own neck, though probably there are some other people besides yourself, who may grieve for you, and who may be left destitute if you are hanged." Harry Martin seemed shaken. He sat down at the table, he leaned his head upon his hands, and the workings of his countenance told how strong was the emotion within him. Lieberg watched him, with eyes terribly skilled in reading the passions and weaknesses of the human heart; and after he had paused for a moment, to let what he had said have full effect, he went on--"So much for the girl!--and you must recollect, that if she refuses to swear that you are the
- 27. man, and assigns for the reason that her life had been spared, even that will tell against you, in some degree. Then comes her brother, and says all that he knows of you; then come I myself, and swear to you positively. Now, if you do what I want, you sweep away the whole of this mass of evidence at once, and, in fact, may be said to set yourself free." "Why, how so?" cried Harry Martin. "How would that prevent her giving her evidence?" "Do you think she would give her evidence against you, if by so doing she condemned her own brother to death?" demanded Lieberg, in a low, but emphatic tone; "and I promise you, she shall have that before her eyes, at all events." Harry Martin gazed at him from under his bent brows, and for a moment or two a variety of different expressions passed over the prisoner's countenance, from which the dark, keen eye of Lieberg could extract no information in regard to what was passing in his bosom. All that his tempter could divine was, that he was shaken, that his resolution wavered, though there was a certain look of scorn mingled with all the shades that flitted across Martin's face, which was not very pleasant to his proud companion. He failed not, however, to ply him with every argument, to tempt him by every inducement, and Martin sat and listened, sometimes gazing full upon Lieberg, sometimes bending his eyes down upon the table, sometimes frowning heavily, and sometimes indulging in a flickering smile, which crossed his countenance like the lights that we occasionally see carried across the open windows of a house, the tenant of which we know not, as we travel past it in a dark night. "Well now, sir," he said, at length, looking up with a softened look, in Lieberg's face--"Well now, sir, suppose I were to do as you wish, what surety should I have that you will stand by me, in the time of need?"
- 28. Lieberg bent down his head, speaking across the table, and replied, "I will acknowledge this night in presence of the turnkey, that in seeing you, and hearing your voice, I have become convinced you are not one of the men who broke into Mr. Carr's house, at Yelverly." "That might do," said Harry Martin, in a thoughtful tone--"that would go a great way; but don't you think it would be a lie?" "A lie!" exclaimed Lieberg, with his lip curling--"Are you fool enough to suppose, that a man of the world cares two straws about the mere empty shade of truth, when a great and important object is to be obtained? Where is the minister, the statesman, the patriot, who ever dreams of the abstract truth or falsehood of a particular proposition? The greatest reformer that ever lived, who harangues multitudes upon corruption, and all the evils that afflict a state or a religion, will no more scruple to falsify the truth in regard to an opponent, or to tell a bare falsehood to gain an end, than a schoolboy will to rob an orchard. Take them all, from Luther down to the lowest of your purity-mongers in this happy island, and you will find that there is not one of them who considers truth and falsehood, except in reference to the end they have in view. Away with such nonsense between us--it is only fit for a school-mistress's homily to girls of twelve years old. I will do what I say, and that is sufficient; and ere your trial comes on, I will so contrive to tutor Helen Barham that she shall work your acquittal, without committing herself." "That will do--that will do!" said Harry Martin, meditating. "But then, sir, I thought you intended to have your revenge upon this young woman. I should not be sorry to have mine upon that scoundrel, her brother. Now let me see; though we jump together in that. I should not like the poor girl ill treated at all--I don't suppose you would ever go to strike a woman, or to punish her in that sort of way, at all?"
- 29. Lieberg smiled contemptuously, and replied--"You cannot understand, my good friend, the nature of the revenge I seek; but be satisfied! It is nothing of the kind you imagine." "But I should like to know what it is, sir," said Harry Martin--"I should much like to know what it is before I consent.--Anything in reason, but no violence!" His tone was very much altered, and Lieberg marked with no light satisfaction that everything promised well for his purposes. "Well," he said, at length, "my revenge should be this: to force her to be mine, to bind her to myself by ties she loathes and abhors- -to bow her pride to the dust, by none of the ill-treatment that you dream of, but by caresses that she hates--ay, and daily to know that her situation, as my paramour, is a pang and an anguish to her, while she has no means of freeing herself from the bond!" "Well!" cried Harry Martin, starting up, with such fury that he overset the table, "you are a damneder scoundrel than I thought man could be! Get out, or I will dash you to atoms!" And at the same moment he seized Lieberg by the shoulder, as if to cast him headlong forth from the door. To his surprise, however, he found that, notwithstanding all his own great strength, he could not move him in the least, and that the dark man before him stood rooted like a rock to the floor. "Beware!" said Lieberg, lifting up his finger with a scornful smile, as the prisoner drew back in some astonishment--"beware!" and at the same moment one of the turnkeys opened the door to enquire what was the matter. Lieberg went out without making any reply, and the prisoner was once more left alone.
- 30. "Ay," said Martin when he was by himself; "now if they have a cell in the place fit to receive a man that has murdered his own father, they should put that fellow into it. How the scoundrel was taken in, to tell all his rascality!--I don't believe a word of it--never peach. I know a little bit about women, too, and I'll bet my life she doesn't say a word--only those rascally fellows may get it out of her; those lawyers. I have seen them puzzle a cleverer head than hers with their questions. However, we will see: a man can but die once, and I'd rather do that while I'm about it, than give the poor girl up into the hands of such an infernal villain as that, even if I had the papers to give him, which, thank God, I have not!--for no man can tell what he will do when he is tempted.--I suppose it will go hard with me after all!" And with this not very pleasant reflection, Martin cast himself into a chair, and appeared to give himself up to calculate the chances for and against himself, with a heavy brow and a sad and anxious eye. CHAPTER XLI. Man, in his collective quality, is undoubtedly a gin-drinker, a lover of ardent spirits, a seeker of all that stimulates the palate, both mental and corporeal. The wholesome food of every-day life we soon learn to loathe, and even the excitement of the imagination by the mimic scene or tale of fictitious distress, is willingly cast away for the more potent taste of real sorrow and actual crime. How we flock to see the trial of any notorious criminal!--how eagerly we watch the workings of apprehension, and anguish on his countenance!--how critically we examine the gradations of emotion, and fear, and awe, and despair, as they move the stubborn features, or make the strong
- 31. frame writhe! How we gloat upon the deadly anguish of a fellow- human heart through all the terrible scenes in the administration of justice, from the first examination of the captured criminal, to the last dread moment upon the fatal drop! Is it then, indeed, that man loves to witness misery, that he enjoys the spectacle of agony in a creature like himself? No; no more than he enjoys pain in his own person when he drinks those burning things from which his infant lips would have drawn back, or eats those flaming condiments which set the palate in a blaze. Stimulus--it is all for stimulus! Stimulus that makes up one half of all the enjoyments of the passions, the great ingredient in strife and exertion, the incentive in the course of glory, the companion of ambition! The criminal court at York was filled to the doors. The reporters for the London newspapers were all present, come down to the mart of excitement for the purpose of hawking it in retail over the whole country. Manifold were the lawyers present to hear what they justly expected would prove a curious case, and the rest of the place was occupied by a various multitude, not only from the city itself and the neighbouring county, but from various parts of England, and even from the capital. There was expectation in every countenance, and each little movement that took place in the court created not only a slight rustling murmur, and a motion of every head forward to see what was taking place, but also produced the palpitation of many a heart from mere eagerness and anxiety for the result. A great part of the crowd consisted, as is usually the case, of women, and a more than ordinary interest had been excited amongst the fairer and tenderer portion of the community, by the rumours which had been circulated regarding the prisoner Martin. He had become, as it were, the hero of the day; and his long evasion of the officers' pursuit, his sojourn on the moors, and his capture in attempting to escape from a distant cottage, had all been magnified, and made the theme of wonder and comment, so that more than one penny pamphlet, containing an account of "the adventures of Harry Martin," had been
- 32. produced from the brains of several marvel-mongers in York. Then, again, there was the tale of his beautiful young wife and her mother having followed him to the place of his confinement; and a report was current that the old woman had been heard to say, on several occasions, that Harry was not guilty, and that it would prove so; which created a very general belief in his innocence amongst the many whose ignorance of all the mass of crime that exists in this world renders them ever ready to believe that those who boldly assume virtue, are virtuous. The first cause that came on was one of no possible amusement to any but the parties concerned; one of those cases of horse- stealing or sheep-stealing, which sadly try the patience of an expecting auditory, when something more interesting, if not more important, is to follow immediately after. The counsel, however, on both sides, were brief, the jury themselves were impatient, and that trial was soon over; for it is no less true than strange, that even in courts of justice the accidental circumstances connected with any particular case make an immense difference in the portion of attention paid to the investigation thereof, though the crime and the punishment remain the same. The judges of the land, indeed, generally hold, as far as is necessary, that calm and dignified impartiality which preserves the same estimation of all things submitted to their judgment, without any reference to aught but that which is brought before them. Such is not the case, however, either with juries or with the gentlemen of the bar, and any vulgar crime will be investigated, judged, and punished, with a rapidity truly surprising, when the same act, dignified by the situation of the parties, or brought into notice by something new and striking in the mode of its perpetration, will occupy a court for whole days, and call forth the most profound affections in the breasts of jurors, counsellors, and auditory. The barrister who would conduct a trial for horse-stealing, with a light and flippant speech of five minutes, although by the sanguinary
- 33. laws of old, the life of the prisoner was in as great danger as if he had committed murder, would become impressed by the deepest sense of his situation, and speak by the hour together, if some great man were slain by the hand of an inferior; and the slightest touch of romance will hold a court for hours over a trial for murder, which would hang a dozen men for simple forgery in an hour and a half; and yet the responsibility is the same--the life of a fellow-being is in both cases at stake.[1] Although, perhaps, it no longer happens that "Wretches hang, that jurymen may dine;" yet many a man has a cause affecting his life, or his happiness through life, tried with no slight inattention, because he has not committed some distinguished crime, or performed it in a remarkable manner. At length, the expected moment came for the trial of Martin and his companions, and the prisoners were brought in and placed at the bar. All eyes were upon them, and certainly an awful moment must it be, when a man enters a crowded and expecting court, loaded with the charge of a heavy crime, waiting for the ordeal of a public trial, knowing that his fate for life or death is there to be sealed in a few short hours, and sees fixed upon him the thousand eyes of a multitude who have come there to pry into and enjoy all his emotions, to witness the terrible struggle, and mark how he bears his destiny. It must be a strong heart, or a hard one, that can endure that first look with calmness. Very different from each other, in aspect and demeanour, were the four men who now advanced into the dock. Two of them hung their heads and looked down upon the ground; one of them gazed around with a faint and affected smile, nodding to some one that he saw in the crowd, and labouring painfully to appear at ease. Martin, on the contrary, came forward, looking straight before him, with his head erect, his broad chest expanded, and his step slow, but firm. His brow was somewhat knit and thoughtful, but his air was frank as usual, and after having gazed towards the bench and the barristers' table, he turned his eyes slowly to the right and left, scanning the eager faces of the crowd with an unquailing eye and an unchanging
- 34. countenance. The clerk of the arraigns then read the indictment, charging the four prisoners with breaking into the house of Mr. Carr, at Yelverly, and stealing thence various sums of money, and articles of gold and silver, and he then asked the prisoners severally for their plea. Contrary to the expectation of all present, while the three men who had seemed most cowed by the aspect of the court, pleaded "Not guilty," in a firm and distinct tone, and gave an immediate answer, Martin paused for a moment, ere he replied, as if he had some hesitation, and then answered likewise, but in a low voice, "Not guilty." It may seem strange, it may be called unnatural, but I believe that, at that moment, there was in the heart of the bold and criminal man of whom I speak, a repugnance to tell a public falsehood, and to put in a plea that was not true. He would have given a great deal, as he stood there, to have been permitted to claim the old battle ordeal--ay, if there had been twenty champions against him; but with all his faults and crimes, he liked not to say he was not guilty, when he knew himself to be so. The jury was then called over and sworn, no challenges being made, and after the usual formalities, the counsel for the crown addressed the court, with a due sense of the responsibility that rests upon him who undertakes the part of public accuser. Not one word did he say to display his own skill, or eloquence, to excite the passions of his auditory, or to prejudice the cause that was about to be tried. He mentioned the facts of the robbery, as they had taken place, the evidence by which he intended to prove those facts, the circumstances which he thought might justly fix the crime upon the prisoners at the bar, and then left it to the jury to decide whether they were guilty or not, according to the impression produced by the testimony about to be given before them.
- 35. After the conclusion of the counsel's speech, a momentary interruption of the proceedings took place, and a report ran round the court, that one of the principal witnesses had been taken suddenly ill. The judge and the counsel for the crown held some conversation together, the principal part of which was only heard by those near them; but at length the former said, distinctly--"I think that such is the best course to pursue. It does not much matter to you in what order the evidence is taken, and, probably, before we have proceeded far, the witness may be able to appear." The counsel acquiesced in the judge's view, much to the relief of the spectators, who had become apprehensive that they might lose their amusement for the morning. The two witnesses first called were the female servants of Mr. Carr, who, together with the labourers who had come to the rescue of the inhabitants of Yelverly, proved the facts of the robbery, but could say nothing to fix the guilt upon either of the prisoners in the dock. The housemaid, indeed, dealt a little in the marvellous, and though her fellow-servant had declared that she was asleep the whole time, vowed that she had seen one of the robbers, and that he was at least six inches taller than any of the prisoners; which called from the prisoner's counsel the significant remark, that the maid's testimony would go far to fix the burglary upon the Irish Giant. He declined to cross-examine her, however, saying, with a nod and a shrewd look to the jury, that her evidence was very well as it was, and would be received for as much as it was worth--but no more. Some of the prisoners smiled, but Harry Martin still remained grave, and thoughtful. His brow, indeed, gathered into a stern frown when the name of the next witness was pronounced, and Frederick, Count Lieberg, was called into court. The foreign appellation, and the rank of the witness, caused a movement of curiosity amongst the spectators, and a slight murmur, in the midst of which, Lieberg advanced, and took his place in the witness-box, with that sort of calm and impressive demeanour,
- 36. which bespeaks both attention and belief--very often, alas! where neither is due; for those who have been accustomed to frequent senates and courts, must have observed how much attention an empty speech will gain from an attractive tone and manner; and how readily a falsehood is believed, when the face of the teller bears the appearance of a firm conviction. Let the reader be sure that the lie is as much in the manner as the words, and that its success depends more upon the former than the latter. Lieberg's handsome face, too, and fine person, the accurate taste of his dress, and his military carriage, all struck the spectators, and the court, and prepared them to give full credit to every word that he uttered. The judge alone, long accustomed to remark the slightest changes of the human countenance--whose memory was, in short, a dictionary of looks--remarked a something when the eye of the witness lighted on the prisoner Martin, which made him say to himself--"There is hatred there." It was no permanent expression, but one that passed like a gleam of lightning, over his face, and was gone--a flash of the eye, a sudden convulsive curl of the lip, a momentary contraction of the brow, and then all was calm again. After stating who and what he was, and that he had visited the house of Mr. Carr for the purpose of hiring some shooting in the neighbourhood, Lieberg went on to give, in a clear and perspicuous manner, and, as usual, without the slightest foreign accent in the world, his account of all that occurred on the night of the robbery. Nor was that account far different from the truth, for Lieberg well knew that truth is always more convincing than falsehood, and, consequently, he contented himself with as little of the latter ingredient in his story as was possible, consistent with his purposes. The only part, then, of his statement which was calculated to deceive, was that he had been roused out of his sleep by a scream, and was issuing forth from his room to see what it was, when he received a blow on the head, which stunned him for a few minutes. He next proceeded to say, that on recovering his senses, he found himself bound, and, looking through his half-closed eyes, saw two
- 37. men in his chamber, rifling his trunks and dressing-case. They remained there, he continued, for some time, talking aloud, and then went away, leaving him still tied. "Have you seen either of those men since?" demanded the examining counsel. "I have," replied Lieberg, firmly. "I see one of them now,"--and he fixed his eyes upon Harry Martin, with a stern look. The judge smiled, as he saw the direction of his glance; but the counsel bade the witness point out the man, if he still saw him in court. Lieberg immediately held out his hand towards Martin, saying- -"Of the four prisoners in the dock, the one upon the extreme right, I can swear to, as one of those whom I saw in my room that night." As he spoke, he bent his eyes full upon Martin's face, and the prisoner returned his stare, with a look as proud and powerful as his own; and again a murmur ran through the court, as the spectators remarked the glances which those two men interchanged. "Do you see in the court the second man who was in your room?" demanded the counsel. "I think that the other prisoner, at the further end of the dock, is he," said Lieberg; "but I cannot swear to him." After a few more questions, the examination in chief was ended, and Count Lieberg was turned over to the hands of the prisoners' counsel, who proceeded to cross-examine him at length. It is a terrible engine, a cross-examination, in the hands of one who knows how to wield it properly. It is a sort of mental torture, for the purpose of making a witness confess the truth, but which, like the rack and the thumb-screw, has as often brought forth falsehood, as that which is sought to be elicited; and yet it is impossible, perhaps, to do without it. The proud spirit of Lieberg writhed within him at all that he was obliged to endure, during his cross-
- 38. examination, but with the wonderful command which he possessed over himself, he covered, for a long time, all his feelings with an exterior of cold composure; revenging himself, from time to time, upon the counsel, by a bitter sneer, which made the court smile, though his own lip remained unmoved and stern. He was made to go over and over again the exact position in which he stood, when he received the blow that stunned him; and a number of questions were asked which seemed directed to puzzle the witness, more than to accomplish any other object; and then the counsel demanded, suddenly, whether he were not actually up, and at the door of his room, when he heard the scream he had mentioned? "I have already said," replied Lieberg, "that it woke me from my sleep; and I must appeal to the court, whether this course of examination is to be persisted in?" The judge, however, did not see that the question was at all objectionable, and the counsel had the pleasure of finding that he had irritated the witness. He then went on to ask him, by what signs and external marks it was that he recognised the prisoner; and he made him acknowledge that the faces of the men he had seen were covered with a black crape, and their figures enveloped in smock frocks. "How was it, then," the counsel asked, "that the Count recognised one of them so rapidly?--was it by his feet, which might have appeared from under the smock frock--or was it by his hands?" Lieberg replied that it was by his general appearance; and, knowing that his visit to the prisoner's cell might, sooner or later, be made a subject of discussion, he determined, with his usual decision of character, to touch upon it at once himself. "I remember him," he said, "by his general appearance, and also by another indication. I have told the court that I heard him speak
- 39. for some time----" "But," exclaimed the counsel, interrupting him, and evidently prepared for what was to follow, by some intimation from Martin himself--"but you have not heard him speak in this court; and I will now ask you, Count Lieberg, upon your oath--remember, you are upon your oath, sir--whether you did not visit this prisoner in York Castle, for the purpose of entering into a compromise with him, which would have nullified your evidence here this day?" The counsel for the crown here interfered, and the court declared that the question could not be so put in such a shape, though the counsel for the prisoner asserted that it was necessary for his defence. The very discussion, however, produced what the keen lawyer desired--namely, a doubt in the minds of the jury; and Lieberg's eye gathered, in a moment, from the countenances around him, that an advantage had been gained by his adversary. He decided at once upon his line of conduct, and, bowing to the court, said, with a degree of rapidity which rendered it difficult to stop him- -"The question has been asked, and I am not only willing, but desirous, of answering it at once. It is very easy for a hireling advocate, by base insinuations, to affect the character of a witness, but the stain must not rest upon my honour. I did visit the prisoner the night before last; but it was, as I explained to those who gave me admission, for the purpose of hearing him speak in common conversation, with a view to make myself quite sure of his identity. He threatened me, it is true, if I gave evidence against him, and----" But the court again interfered, in a peremptory tone, signifying distinctly, that neither the counsel nor the witness could be allowed to go on in the course which they were following, and Lieberg's cross-examination was soon after terminated, the barrister who conducted it being satisfied with the impression which he had produced, and which remained unfavourable to Count Lieberg; for suspicion is one of those evil weeds which, when once planted, can
- 40. by no possibility be eradicated from the soil in which they have taken root. Lieberg left the witness-box with a frowning brow, but took a place in the court to see the rest of the proceedings. At the next name that was called, there were two hearts that beat in the court-- that of the prisoner, and that of Count Lieberg; but it was the heart of the latter which throbbed most violently when the crier pronounced the words--"Helen Barham!" He looked round the people, and thought it strange to see the indifference upon the faces of all; for so intense were his own sensations, that he forgot the crowd were not aware who Helen Barham was, and that the name, for aught they knew, might appertain to some inferior person in the household of Mr. Carr. When she appeared, however, and lifted her veil, her extraordinary loveliness produced at first a dead silence, and then a low murmur of admiration. Helen's cheek, which was unusually pale when she entered, grew crimson as she saw the multitude of eyes upon her, and read in every look the effect of her beauty upon the crowd. To one, feeling as she did, that admiration was a very painful part of a situation already too terrible. She turned pale again--she turned red--she felt as if she should faint; and, while in this state, an old mumbling officer of the court put a book into her hand, ran over indistinctly some words she did not hear, and then added, in a louder tone--"Kiss the book!" Helen obeyed mechanically; and, after a short pause, to allow her to recover herself, her examination began. The counsel for the crown addressed her in a softened voice; and while she spoke in answer to his questions, and detailed all that had occurred on the night of the robbery, the prisoner, Martin, never took his eyes from her face. At the same time, the dark light of Lieberg's--if I may use a term which seems a contradiction--poured upon her countenance unceasingly. It seemed as if he were trying to intimidate her by that stern fixed gaze; but Helen had now regained her composure, and proceeded unwavering, with her soft musical voice, in a tone low indeed, but so clear, that each word was heard by every ear. There was no backwardness no hesitation; and there was not a heart in that hall
- 41. which did not feel she was uttering the simple, undisguised truth. She told how she had been awakened; how she had seen the face of one of the robbers; how she had uttered an involuntary cry; how he had rushed towards her, with the intention of burying her testimony against him in the silence of the grave, and how he had spared her. She paused for a moment, while a tear or two ran over her cheek, and hers were not the only eyes in the court that shed bright drops. She then went on to tell all that had occurred afterwards, till the period when she was left alone in Sheffield; and then the counsel took a grave, and somewhat sterner tone with her, saying--"Miss Barham, I feel deeply for your situation, after the promise that you have made, for the purpose of saving your life; but before I propose to you the question which I am about to ask, I beg to remind you, first, that no promise, exacted under fear of death, can be held binding for one moment; secondly, that you have a duty to your God and country to perform--to the laws, and to society in general, which duty must be accomplished unflinchingly; and I now ask you, by that duty, however much pain it may give you--Do you, or do you not, see in this court the man whose face you beheld on the night in question?" Helen paused, and there was a dead silence through the whole hall. "I will not prevaricate in the least," she replied, in a voice still firm, though her face was very pale, "and I know fully what I expose myself to; but I will not answer, in any way, a question which endangers the life of a man who spared mine when my death would have ensured his safety. I will not say, whether I do see him or do not see him, and I will bear no testimony against him whatsoever." Again there was a profound silence in the court; and then the counsel expostulated, and the judge, in a mild but serious manner, brought forward every argument which could be adduced, to
- 42. persuade Helen Barham to answer the question asked her; but nothing moved her, and when he added a threat of using the authority with which he was invested for punishing contempt of the court, she replied in a mild and humble, but still a firm tone--"I came hither, my lord, with a full knowledge of what you might be obliged to do; and I have only to beseech you, in consideration of the circumstances in which I am placed, to deal with me as leniently as possible, believing that it is a firm belief I should be committing a great crime, were I to act otherwise, that makes me maintain a silence which, whatever it may be called, does not border in the slightest degree upon contempt." The good judge looked down, evidently distressed and puzzled how to act. But the counsel for the crown--resolved at all events to gain some admission which might prove the fact he wanted to establish--demanded, somewhat suddenly--"Is it your final determination, Miss Barham, not to point out in this court the man whose face you saw on the night in question?" "I did not say he was in the court," replied Helen, who had studiously kept her eyes turned from the dock ever since she entered--"I know not whether he is in the court or not. I merely said that I would not answer any question on the subject. If it were to affect my life itself I would make the same reply, for that life which he spared he has every right to require again, if by the sacrifice of it his own can be shielded." "I fear," said the judge, "that the dignity of the court must be vindicated. Miss Barham, I warn you, that if you still refuse to give evidence, I must commit you for contempt, as the most lenient method of dealing with you." Helen bowed her beautiful head, replying, in a low tone--"I know it, my lord."
- 43. "Let the warrant be made out," said the judge; "and let the witness be removed in custody." As he saw Helen quitting the witness-box in charge of the officers of the court, Harry Martin took a quick step forward to the front of the dock, as if about to speak, but at that moment a warning voice was heard amongst the crowd, exclaiming--"Harry!" His eyes ran rapidly round to that side of the court, and he saw his wife with her two hands clasped, gazing with a look of agony in his face. He instantly cast down his eyes again, and drew slightly back, while one of his companions in captivity whispered--"Well, that girl is a diamond!" In the meanwhile, a pause had taken place in the court; and the judge, anxious to get rid of the impression which Helen's conduct had produced upon himself as well as others, directed the next witness to be called. The name of Mr. Carr was accordingly pronounced, the counsel at the same time asking some one who stood near if that gentleman were well enough to appear. Ere an answer could be given, however, Mr. Carr himself was supported into the witness-box, and was accommodated with a seat. He was deadly pale, and shook very much, as if affected by cold or fear; and he gave his evidence in so low a tone, that the examining barrister was more than once obliged to bid him raise his voice. He, as the rest of the witnesses had done, detailed all that he knew of the robbery, but as his room was the one which had been the most completely rifled, he appeared to have seen more of the actual robbers than any one else. There were four of them, he said, and he had had a good opportunity of marking them well while they tied him to the bed- posts, and stripped his chamber of all that was valuable in it. He had not seen their faces, it is true, but nevertheless, from their general appearance, he could swear to them anywhere. Towards this part of Mr. Carr's evidence, he seemed to become heated by the thought of the property he had lost, and he spoke
- 44. much louder and quicker than before, but just then there was a little bustle and confusion on the opposite side of the court, and Mr. Carr raised his eyes. What he saw there no one knew, but his voice fell, and his countenance changed; and when the counsel told him to point out the persons who had robbed him, if he saw them in the court, Mr. Carr gazed into the dock with a vacant look, and shook his head, saying--"I do not think any of those are the men. The three on this side, indeed, might be amongst them, but that man beyond "-- and he pointed to the prisoner Martin--"was certainly not one." A murmur of surprise, and it must be said of indignation, took place at the counsel's table, for lawyers are not easily deceived in such matters, and there was not one man there who was not perfectly convinced that the prisoners at the bar were the persons who had committed the robbery, and, moreover, that Mr. Carr knew it to be so. The examining counsel made one more effort, by asking Mr. Carr how he happened to be so sure in the case of Martin. "Because," replied Mr. Carr, "none of the housebreakers were so tall and powerful." "And yet," said the barrister, turning round to his brethren, "two of the other prisoners are taller than he is. My lord, I think it is inexpedient, after what we have heard, to call any further witnesses." "I think so too," said the judge; "but I shall let the case go to the jury." The prisoners declined making any defence, and the judge remarked it was scarcely necessary for him to sum up the evidence, adding--"A more disgraceful case I have never had the misfortune to see tried." The jury, without quitting the box, returned a verdict of "Not Guilty." The judge then addressed the prisoners, saying--"A jury of your country has acquitted you of a great crime, and I will not take upon
- 45. myself to make any observation tending to impugn the only verdict it could return under the circumstances; but, at the sane time, you will feel that there are facts connected with this trial which give it a peculiar character, and that the same are never likely to occur again. If, then, either or any of you have hitherto led a vicious or criminal life, let the danger you have now run be a warning to you.--I do not think, sir," he continued, addressing the leading counsel for the crown, "that after what has taken place, we can deal very severely with Miss Barham. Let it be notified to her, that upon due petition the court will order her discharge;" and he turned, to his paper to see what was the next case set down for trial.
- 46. CHAPTER XLII. "The climate, not the heart, he changes who flies across the wave." So said the old Roman, some thousand years ago, and doubtless what he said was true, both in his own day, when men cultivated a firm, fixed spirit within them, and also in the present, in the case of some individuals, to whom has descended the gem-like hardness of the antique mind, on which lines, once engraved, are never to be effaced. Nevertheless, in the rapid change of scene, in the running from land to land, in new sights and new excitements, in the companionship of fresh acquaintances, and even in the every- hour collision with our fellow-creatures which takes place only in travelling, one wears away the sharpness of some sorrows, as the gem which has rolled for ages in the waters of the Tiber, or which is cast up by the waves of the Ægean Sea, though it retains the figures which were cut into it ages ago, loses the sharp outline that it received from the graver's tool. As there is scarcely a plant on earth from which the bee cannot extract honey, so there is scarcely a scene in the wide world from which the mind that seeks real wisdom cannot draw a moral; and every moral has its consolation. The very aspect of strange cities, whatever be the grief in our heart at the time, brings its comfort, derived we seldom examine how, and often mistake when we do examine, but wrought out justly and reasonably, by the silent working of that spirit within us, which, if we would let it, would always deduce its homily from every object of the senses. We wander through the streets of a great town, we gaze up at the tall houses, we mingle with the busy crowd, we see the sunshine
- 47. streaming upon some mansions, and the deep shade resting upon others; at one window we behold a group of merry faces, at another the close-drawn curtain, indicative of sickness, anguish, and death. From the one door, with tabor, and pipe, and garlands, and scattered flowers, goes forth the bride to the altar; from another, streams out the dark procession of the grave. On each countenance that we meet is written some tale of joy or sorrow; each street has its history, each dwelling presents an episode in the great poem of human life. We return to our own chamber with a calmness in our sorrows, with a resignation in our melancholy that we have not before felt--and why? Is it the universality of human misery that gives us a false support? Is it, as the most misanthropical of philosophers has declared, that there is comfort for each man in the sorrows of his fellow-creatures? Is this the process by which we derive consolation from mingling in the busy haunts of unknown races of beings like ourselves, and discovering the same cares, pursuits, and joys, and griefs throughout the world? Oh, no!--it is, that we are taught our own littleness, as one individual ant in a whole ant-hill; and from the sense of our own littleness we gain humility, and from humility resignation, and from resignation love and admiration for that great God who made the wondrous universe, of which we are an atom--some knowledge of his power--some trust in his wisdom--confidence in his goodness, and some hope in his protecting arm. Who is there that has ever stood amongst the multitudes of a strange city, that has not asked himself--"What am I in the midst of all these? what are all these to the God that made them? and is not that God mine?" There may be such, but those who seek it will ever find, in the contemplation of any scene where the workings of Almighty will are displayed, some balm for those wounds which almost every man, in the great warfare of the world, carries about
- 48. beneath his armour; for--to end as we have begun--there is a drop of honey in every flower. Morley Ernstein had executed his purpose; he had quitted England to search--not for happiness, but for forgetfulness--not forgetfulness of her he loved, but forgetfulness of himself and of his situation. But alas, reader, it must be acknowledged, he sought not the drop of honey in the way that it might most easily be found! The same impatient spirit was upon him, which rebelled against the share of human sorrow that was allotted to him; and, full of its suggestions he struggled to drown thought and reflection, rather than to find comfort by their aid. Pride, too, as we have shewn, had its share in his feelings; he was angry with himself that his heart had bent before any blow. He accused himself of weakness, not knowing where he was really weak; he strove to steel his bosom, and, in fact, only hardened his external demeanour. A fit of illness which overtook him at Calais, of no very serious character or long duration, only served to increase his irritation and impatience. He had been angry before with the weakness of his mind, as he called it; he now felt a degree of scorn at himself and at human nature, for that weakness of body which yields to any of the trifling accidents of air and climate; and the very irritation which he felt, increased and prolonged the sickness under which he laboured. At length, however, he was convalescent, and being permitted to go out for an hour or two, walked forth into the town, thinking that in its streets he might find something to call his mind away from himself. But little indeed can the good town, whose name was written upon Mary's heart, display, even to the eyes of an Englishman, to occupy or interest him for a moment. It is a sad, dull place, but in those days the communication between France and England having been interrupted for many years, and only opened for a few, there was a kind of local colouring about Calais which supplied the want of other attractions. There one saw a great many things that one had never beheld before. Postilions were to be found
- 49. with enormous pigtails, and as much wood as leather in their boots; ropes served for harness, and peasant women came to market covered with great ornaments of gold. The contrast, indeed, was strong between the two sides of the water, and Morley Ernstein's eye soon became occupied, even when he believed his mind was taking no part in any of the objects around him. The dull lethargy which comes upon the spirit of man under the influence of any bitter disappointment, is never so easily thrown off as when fancy is awakened by some of the magic tones of association. There are few places in this good world that are not linked on to some interesting event in history, and even the small, dull town of Calais itself figures in the records of the past on more than one important occasion. Nothing, however, presented itself, in the aspect of the place, or in anything on which his eye rested, that could carry the mind of Morley Ernstein away to other days, till he paused for a moment, after a ramble round the market-place, before a bronze bust, which is not easily to be passed unnoticed. There are some heads, as the reader must often have remarked, which are very beautiful in painting, but which lose all their interest when sculptured; there are others, however, which seem to demand the marble or the bronze; and if we compare accurately the busts that have come down to us from ancient times with the history of the persons whom they represent, we shall find that the man of fixed and powerful thoughts, of stern and rigid determination, affords almost always the best subject for the statuary, as if the character of his mind required something analogous to receive the expression which it gave to his features. Of all the heads in modern times, perhaps that of the Cardinal de Richelieu was the one which afforded the finest subject for the sculptor. All the paintings of him are weak when compared to his character; it is in bronze that his image ought to go down to posterity. The moment Morley's eyes fixed upon his bust, the lightning of the mind flashed back into the chasm of past years--the scenes of
- 50. other days, the block, the axe, the chamber of the torture, and all the dark implements with which that terrible man built up the fabric of his greatness, came before his eyes in a moment, and, for the first time since the cloud of sorrow had fallen upon him, his spirit found a momentary sunshine in the memories of ancient lore. He stood and gazed, then, with his arms folded on his chest, while the people walking to and fro passed and repassed him, and many a one commented as they went, and assigned him a history and a character from their own imagination. How seldom is it, in the busy world with which we mingle, that any of the conjectures regarding our thoughts, our feelings, our state of existence, are correct! How rarely, from any of the indications that man's external demeanour affords to society, can one single trait of the heart's countenance be divined! Alas, dear reader, that it should be so! but to one another we all wear a mask. One man, as he passed by Morley Ernstein, and saw the traces of care and thought on his countenance, settled it at once that he was some young prodigal flying from his creditors--a very natural supposition in the town of Calais or Boulogne. Another, moralizing with a friend who walked beside him, declared, from his youth, his gloomy look, and his distinguished attire, that he must have killed his best friend in a duel, or committed some of those other dark crimes which society never punishes, but conscience, sooner or later, always does; another set him down for an indifferent milord: "Parfait Anglais voyageant sans dessein, Achetant cher de modernes antiques, Regardant tout avec un air hautain, Et méprisant les saints et leurs reliques." But at that moment there was one near him who knew better; and while Morley continued to gaze at the bust of Richelieu, careless altogether of what any one thought of him--shut up, in short, like the lady of the Arabian giant, in a glass-case of his own sensations and thoughts, through which he could be seen, but could not be approached--he was suddenly roused by hearing his name
- 51. pronounced, and, turning round, saw a countenance not less striking than that of Richelieu himself, nor, upon the whole, very different in character. The first impression was not pleasant, for the loneliness of heart that he felt upon him, made him repugnant to all companionship. Neither was the man he saw one in whom he was inclined to trust, or to confide--one whose sympathies were with him, or upon whose counsel he could rely; but yet, to say the truth, when he remembered the charm of his conversation, the power that he seemed to possess of leading the mind of others, with whom he held any communication, away from all that was unpleasant or painful, to brighter objects and to calmer thoughts, the first shrinking feeling of unwillingness passed away, and he stretched out his hand frankly, exclaiming--"Lieberg! I little dreamed of meeting you here." Now the reader may remark, with great justice--"What, then, Morley Ernstein was by this time willing to seek entertainment!--If so, his sorrow was on the wane." He may likewise observe, that after all the acts and deeds committed by the worthy gentleman who now stood before him, it would surely have been more characteristic of Morley Ernstein to turn his back than to hold out his hand. True, O courteous reader!--true, in both cases--with the qualification of a "but." Did you ever happen to take, under the influence of any of the many ills that flesh is heir to, a dose which seemed somewhat bitter at first, but which produced great relief to the sick heart, or the aching head? If you have, you will know that though you might nauseate the remedy at first, you sought it eagerly again as soon as you had experienced the benefit thereof. Now Morley Ernstein was exactly in that situation. Under the first pressure of grief, he had turned from the very thought of amusement with disgust; but in mere occupation he had found a mitigation of pain; and while gazing at the bust of that great and terrible man, and suffering his mind to run over the scenes of the past, he had felt an interval of tranquillity which he had not known for many a-day. Conscious therefore that in Lieberg's society he
- 52. would find more of the same kind of relief than in that perhaps of any other man living, he was not unwilling to take the same medicine for his wound again, although there might be still a degree of repugnance lingering at his heart. In regard to the second point, let it be recollected, dear reader, that although our good friend, Count Lieberg, had done everything on earth which Morley Ernstein would have looked upon as base and villanous, had he been aware of the facts, not one particular of all those transactions with which the reader is fully acquainted had been made known to him either by Helen or Juliet; and he was utterly ignorant of the whole. He looked upon Lieberg merely as a man of the world, with better feelings than principles; for although Morley was somewhat philosophically disposed by nature, he wanted totally that experience which, in the end, convinces us that the separation between good principles and good feelings is much more rare than youth and passion are willing to admit. Principle may be one check upon a man, good feeling another; the man who has both is sure to go right, but the man who has either will not go far astray, and in this case too you may know the tree by its fruits. Of Lieberg's conduct to Helen Barham, of his conduct to her brother, Morley was ignorant; and though at first, as I have said, he felt but little disposed to like the society of any one, yet the second impulse made him hold out his hand, and utter the words that I have mentioned. "I as little thought to see you in Calais," said Lieberg, in reply; "but I did trust to overtake you in Paris; for on my return to town, I heard that you had suddenly quitted England, that something had gone wrong with you, and that you were about to make an autumnal wandering in other lands." Lieberg paused, seeing that the allusion which he had made to the cause of his companion's quitting England made Morley's brow knit heavily, and his eyes seek the ground. "To say the truth," continued Lieberg, "I am not in the best spirits myself, and I am
- 53. somewhat aweary of this working-day world. I tried all the various resources of Great Britain for shaking off the dulness of this season of the year--fired a gun or two upon the moors, spent a day at a fashionable watering-place, and finding that everything was vanity and vexation of spirit, set off, post haste, to overtake you in Paris, and see if you would take a grumbling tour with me through foreign lands." The picture which he gave of his state of mind was adapted with infinite art to the mood which his keen and penetrating eyes saw at once was dominant with his companion. A faint, and, as it were, unwilling smile, was Morley's only reply; but he passed his arm through that of Lieberg, and as they turned back, towards the inn, the latter proceeded--"We can go, you know, across from Paris to Cologne, then ramble along the banks of the Rhine, make our way through the Tyrol into Italy, spend the cold season at Rome or Naples, and then, if you like it, 'mitescente hyeme,' return to England. Or," he continued, "if that suits you not, we can ramble still farther, plunge into Calabria, visit the blue shores of Greece, see the fairy-tale wonders of Constantinople, range through the scenes of the crusades in Syria and Palestine, and scour on fleet horses the sandy deserts of Egypt. Where need we stop, Morley? where need we stop? I have no tie to one quarter of the globe--you have none either, that I know of; the world is all before us, and the wonders, not only of a hundred countries, but a hundred ages. Where shall we not find some astounding record of the mighty past? Some of those marbles, which, in their slowly perishing grandeur; teach us the littleness of all things present, and, amongst the rest, of the cares and sorrows that we may both be suffering? Of those cares and sorrows we will speak no more; I ask you not what are yours--you question me not regarding mine. But let us onward, onward together, through all the varied scenes of earth, pausing no longer anywhere than while enjoyment is in its freshness, taking the grape while the bloom is upon it, and the flower before a leaf is shed. Once more, what say you?--shall it be so?"