accidental murder, we could safely have left the prisoner in the hands
of an intelligent jury; but the fact is, my lord, that the prisoner
never fired the gun, and therefore could not be guilty of the murder
imputed to him."
Mr Trevor had felt, upon our hero's assertion, that his case was
hopeless; he roused up, however, to make a strong appeal to the jury;
unfortunately, it was declamation only, not disproof of the charges, and
the reply of the prosecuting counsel completely established the guilt of
our hero upon what is called presumptive evidence. The jury retired for
a few minutes after the summing up of the judge, and then returned a
verdict against our hero of Guilty, but recommended him to mercy.
Although the time to which we refer was one in which leniency was seldom
extended, still there was the youth of our hero, and so much mystery in
the transaction, that when the judge passed the sentence, he distinctly
stated that the royal mercy would be so far extended, that the sentence
would be commuted to transportation. Our hero made no reply; he bowed,
and was led back to his place of confinement, and in a few minutes
afterwards the arms of the weeping Mary were encircled round his neck.
"You don't blame me, Mary?" said Joey.
"No, no," sobbed Mary; "all that the world can do is nothing when we are
innocent."
"I shall soon be far from here, Mary," said Joey, sitting down on the
bedstead; "but, thank Heaven! it is over."
The form of Emma Phillips rose up in our hero's imagination, and he
covered up his face with his hands.
"Had it not been for her!" thought he. "What must she think of me! a
convicted felon! this is the hardest of all to bear up against."
"Joey," said Mary, who had watched him in silence and tears, "I must go
now; you will see her now, will you not?"
"She never will see me! she despises me already," replied Joey.
"Your mother despise her noble boy? Oh, never! How can you think so?"
"I was thinking of somebody else, Mary," replied Joey. "Yes, I wish to
see my mother."
"Then I will go now; recollect what her anxiety and impatience must be.
I will travel post to-night, and be there by to-morrow morning."
"Go, dear Mary, go, and God bless you! hasten to my poor mother, and
tell her that I am quite--yes--quite happy and resigned. Go now,
quickly."
Mary left the cell, and Joey, whose heart was breaking at the moment
that he said he was happy and resigned, for he was thinkin
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