Wilson's Tales of the Borders and of Scotland Volume XII Part 17

Leaving Lorimer thus creditably employed, we return to follow, for a time, the fortunes of Mr Wotherspoon. It has been said that, during several years succeeding his marriage, Mr Wotherspoon continued to prosper, and to deserve his prosperity--and it was so. But what measure of prudence or foresight can secure a continuance of any worldly blessing, or prevent those changes and vicissitudes, whether for better or for worse, which it is the lot of man to experience? In an evil hour Mr Wotherspoon became a partner, to the extent of nearly his whole means, in that ruinous bubble known by the name of the Ayr Bank, which involved many families in misery and poverty. The speculation was an exceedingly plausible one; and the destruction occasioned by its failure was proportioned to the confidence it had inspired. We need scarcely, we presume, employ plainer terms to intimate to the reader that the Ayr Bank broke down, and that Mr Wotherspoon was one of the many hundreds that were ruined by its insolvency.

Although thus suddenly and cruelly bereft of the fruits of many an anxious and toilsome year, and thus hurled at once from independence to comparative poverty, Mr Wotherspoon did not lose heart, but determined on making another effort to repair the ruined fabric of his fortunes.

Having readily procured a settlement with his creditors--one and all of whom entertained the highest opinion of his integrity, and pitied his misfortunes--he again commenced business, but in this he experienced all the difficulties incident to his equivocal position. Credit was reluctantly given, and demands were peremptorily enforced. Still Mr Wotherspoon persevered; and, though greatly straitened occasionally for means, continued not only to keep his feet, but began gradually to improve his circ.u.mstances. He was yet, however, in difficulties; and this was pretty generally known amongst those who knew anything at all about him.

It happened, about this period, that Mr Wotherspoon was one day invited to dine at the head inn of the town in which he resided, with a commercial traveller, with whom he was in the habit of dealing, and to whom he had at this time a considerable sum of money to pay. After dinner, when settling accounts with the traveller, Mr Wotherspoon, who was a little elevated with the wine he had drank, remarked, as he handed over the money to the former, that, if he had just one other bill for 50, then running, paid, he would, notwithstanding all that had happened him, be clear with the world. "But," he added, jocularly, "I'll find ways and means to pay that too, although I should take the highway for it, and cry, 'Stand and deliver,' or clap somebody's name to a piece of stamped paper." Mr Wotherspoon's friend laughed at the absurdity of these imprudent expressions, coming, as they did, from one who was so unlikely to have recourse to the expedients alluded to; and the matter went off as a very pa.s.sable joke.

In about a month after this, as Mrs Wotherspoon was one day standing at the door of her husband's shop, with one of her children in her arms, her curiosity was excited by seeing a post-chaise driven up with unusual speed to the door of the princ.i.p.al inn, which was directly opposite the shop; and she called to her husband, who was inside, to look at the carriage--at the same time expressing a wonder who they could be that were travelling in such haste. But, if Mrs Wotherspoon's curiosity and surprise were excited by this simple circ.u.mstance, how much more was the former increased when she saw the two persons who stepped out of the chaise look, for a few seconds, in the direction of the shop, say two or three words to each other, and then cross the street towards it!

"They're coming here, William," she said, in amazement, and addressing her husband. "Who, on all the earth, can they be? and what can they be wanting?"

"Indeed, Lucy," replied Mr Wotherspoon, no less surprised than his wife at the impending visitation, "that's more than I can conjecture; but we'll soon see."

By this time the strangers were upon them.

"Is your name William Wotherspoon?" abruptly and sternly inquired one of the strangers.

"It is, sir," replied the former.

"Humph!" e.j.a.c.u.l.a.t.ed the querist, and began searching his pocket, from which he drew a slip of paper. Then again addressing Wotherspoon--

"Mr Wotherspoon, you are our prisoner. We apprehend you in the king's name, and you must immediately accompany us to Edinburgh."

"Your prisoner, gentlemen!" said Mr Wotherspoon, becoming as pale as death, and trembling violently as he spoke, "What for? What crime have I committed? What do you charge me with?"

"Ah! you don't know, I suppose, and can't guess," said one of the messengers, sneeringly; for such, indeed, was the character of the strangers.

"No, indeed, gentlemen, I cannot," said Mr Wotherspoon, in a state of great agitation.

"Very like a mouse-trap, but not so small," exclaimed the messenger.

"However, I always like to be civil, and I shall tell you--though I'm confoundedly mistaken, if you don't know it pretty well already. You are apprehended, Mr Wotherspoon," he continued (and now eyeing his prisoner--for in such, a melancholy situation the unfortunate man now stood--with a scrutinising glance), "on a charge of forgery; so, if you please, we'll bundle and go."

In following out this extraordinary conversation, we have necessarily lost sight for a moment of Mrs Wotherspoon. But we do not now call the reader's notice to her with any intention of describing the effects which the appalling occurrence just recorded had at first upon her. This we think it better to leave to the reader's imagination. But her subsequent conduct is more within the power of description.

The unfortunate woman, having hastily laid down the smiling, unconscious innocent that was in her arms when the messengers entered the shop, flung herself upon her husband's neck, and frantically exclaimed that no one should tear her William from her.

"My William guilty of forgery!" she wildly exclaimed. "No, no gentlemen--it's false, it's false. He has always been an honest man, and is well known to be so. He would sooner die than commit such a crime, and I will get all our neighbours to prove this." Then throwing herself on her knees at the messengers' feet, she implored them, by every consideration of humanity and justice, not to take her William away.

"He is innocent, gentlemen," she exclaimed; "before G.o.d, he is innocent of the crime you charge him with. Oh! do not take him from me, gentlemen. Look at that babe there, and pity me, and pity us all. Do not believe what has been told you about his having committed a forgery. My William never did, and never could do, such a wicked thing."

"May be so, mistress," said one of the messengers, little affected by these womanish appeals to a clemency which he had no power to show; "but we must do our duty. Here's the warrant," he said, exhibiting a piece of paper which he held in his hand, "for your husband's apprehension, and we must see to its execution."

Having said this, he turned away from her to his a.s.sociate and Wotherspoon, whom the former had already secured by handcuffs; and in a few seconds the unfortunate man found himself seated in the post-chaise, to which fresh horses had been put, with a messenger on each side of him. A few seconds more, and the carriage was on its way to Edinburgh--a circ.u.mstance which was a relief to the unhappy man; for, until the chaise started, he was not out of hearing the shrieks of his miserable wife, who had ultimately been forcibly torn from him.

On arriving at Edinburgh, Mr Wotherspoon was immediately carried to jail, to abide his trial for the forgery with which he was charged.

This forgery consisted in the felonious adhibition of the name of one James Laidlaw, a wealthy farmer in Liddesdale, to a bill for 50. This bill purported to be drawn by Wotherspoon on Laidlaw, and was indorsed by the former to James Lorimer, who again indorsed it, and discounted it in one of the banks in Edinburgh.

Some time previous to this bill becoming due, Lorimer called at the bank where it had been cashed, and stated to the manager, with whom he sought a private interview, that he had discovered that the bill which he had discounted there, bearing to be the acceptance of James Laidlaw to William Wotherspoon, was a forgery, and that he could lead proof to show that Wotherspoon was the perpetrator of the crime. The matter being immediately investigated, it was found that there were sufficient grounds to inst.i.tute a criminal action against Wotherspoon; and his apprehension, as already described, was the result.

Wotherspoon, in the meantime, however, denied all knowledge of the bill, said he had no transactions whatever with Lorimer or Laidlaw, and that he did not know the latter, even by sight, or in any other way; and in this utter denial he remained firm and consistent to the last, to the great perplexity of his own counsel, who, while he could not resist the weight of evidence which was mustered against his client, and which indeed seemed conclusive, was yet staggered by the cool and pertinacious manner in which Wotherspoon maintained and insisted on his innocence.

In due time the trial of the latter, for the forgery, came on before the High Court of Justiciary, when a long and careful investigation of the case was entered into.

The first witness called by the public prosecutor was Lorimer, who deposed that the bill had been paid over to him by Wotherspoon, for professional services rendered the latter at the time of his bankruptcy.

That it was Wotherspoon's handwriting. That Wotherspoon had stated that he had obtained the bill from Laidlaw, in payment of an account for goods with which he had furnished him. That he had discovered the forgery, by having asked Laidlaw, whom he accidentally met some time after, if he had ever had any dealings with Wotherspoon? when the former said he never had, and knew nothing about him. Had, from some circ.u.mstances which subsequently occurred, suspected that the bill was a forgery; particularly from Wotherspoon saying, that he would be obliged to retire it himself, in the first instance, as Laidlaw had intimated to him that he could not meet it when due. Witness, knowing Laidlaw to be a wealthy man, thought this very unlikely, and hence his suspicions--suspicions, he said, which were greatly increased by a circ.u.mstance which he begged permission to state to the court. Witness then proceeded to relate the expression used by Mr Wotherspoon on the occasion of his dining with the commercial traveller, which, he said, happening to be in an adjoining apartment, he had overheard.

This witness was followed by Laidlaw, the alleged accepter of the bill, who swore that the signature attached to it was not his handwriting; and, in this a.s.sertion, he was supported by other evidence; adding, that he had no knowledge whatever of the prisoner, and had never had any transactions with him.

James Anderson, Wotherspoon's shopman, was next called; and when asked if the bill, which was shown him, was his master's handwriting, answered, that he could not say--that it was certainly very like; thought, however, on the whole, that it was not, but would not swear to this. Asked if he ever saw or knew Lorimer to be employed by his master; said, he did not. Asked, if he meant that he never was employed by him, or merely that such a circ.u.mstance did not consist with his knowledge?

Answered, that it did not consist with his knowledge; but allowed that Lorimer might have been employed by the prisoner without his knowing it.

A person of the name of Andrew Hislop was next put into the witness-box, who swore that Wotherspoon had told him that he had settled with Lorimer, and that he had given him an indorsed bill, in payment of his account; that he had said, at the same time, that the bill was the acceptance of Laidlaw, and was in payment of an account for goods which the prisoner had furnished him.

James Bryce, stabler and innkeeper, Gra.s.smarket, Edinburgh, in whose house the transaction, which was the subject of investigation, was said to have taken place, next deponed that Lorimer, whom he knew very well, and Mr Wotherspoon, the prisoner at the bar, came to his house on the evening of the 14th September; and that he, being asked to sit down at table with them, saw Mr Wotherspoon indorse over a bill to Mr Lorimer, saying, at the same time, that he believed that would about clear scores between them. This witness's evidence was corroborated by that of his wife, who had been also asked to join the party, she being well acquainted with Lorimer, who used to frequent the house when he resided in Edinburgh.

As these two witnesses were of highly respectable character, their evidence was held by the court to be conclusive against the prisoner.

The latter, in his defence by his counsel, admitted that he had been in Edinburgh on the day condescended on by the witnesses who had just been examined, but denied that he had ever been in their house, or knew anything at all about them. Denied that he had ever made use of the language, or anything at all like it, attributed to him by Hislop; denied that he ever had employed Lorimer in any way, or ever was owing him a farthing. Admitted that he had used the expressions attributed to him by Lorimer on the occasion condescended on, and acknowledged their impropriety; but said they were spoken merely in jest, and in a spirit of levity, excited by the wine he had drank.

For the rest, the prisoner had only the general respectability of his character to support him, of which he produced abundant proof to the court, and a simple denial of all that had been alleged against him; but this, of course, was of little avail in the face of the direct and positive evidence of his guilt which had been adduced.

The difficulties, too, in which Wotherspoon was known to be at the time had a powerful influence in strengthening the belief of his guilt; while it was observed that the imprudent language used by the prisoner, when in company with the commercial traveller, and which was detailed by Lorimer, made a singularly strong and unfavourable impression on the court--an impression which was but little affected by the apology for, and explanation of it, that had been given.

In short, no doubt remained on the minds of any one present that Wotherspoon was guilty of the crime charged against him; and the jury, in conformity with their own and the general impression, found the libel proven, without retiring from the box; and the unfortunate man was sentenced to suffer death: his counsel having in vain stated, that, from the steadiness, simplicity, and consistency of all the prisoner's answers to his interrogatories, put to him while in prison, he was all but entirely convinced of his innocence. "There was a mystery in the case," he said, "which he could not solve; but a day of retribution was coming," he added, "when the cause would be tried over again, and before a Judge from whom nothing could be concealed, and on whom no plot, however well contrived, could impose."

Wotherspoon heard the terrible judgment p.r.o.nounced on him with the utmost composure, and persevered in a.s.serting his innocence, both to his counsel and to those of his friends who subsequently visited him in prison. On these last, his declarations produced various effects. Some of them--those who knew him--believed that he had met with foul play from some quarter or another; and their suspicions fell on Lorimer, whose character was well known to them: but there was nothing in the whole case which could warrant them in openly a.s.serting that he had played the villain.

By others, again, Wotherspoon's declarations of innocence were looked upon as proceeding from the natural shame of crime. They pitied the unhappy man sincerely; but, however high might have been their opinion formerly of his integrity, they had no doubt that the pressure of necessitous circ.u.mstances had broken down his principles, and that he was guilty of the forgery. And this last was the opinion generally entertained regarding the convict by the public at large; while the first was the most prevalent in the district from which Wotherspoon came, and where he was, of course, best known.

With regard to Lorimer, the directors of the bank in which the forged bill had been discounted were so pleased with his activity and diligence in detecting and proving the forgery, that they not only forgave him the amount of it--for which he was liable as an indorser--but presented him with a handsome gratuity over and above, on the conviction of the offender.

To return to Wotherspoon. Two or three days after his trial and condemnation, the session closed, and the gentleman, a Mr Moffat, who had been employed as his counsel, went to the country to spend a few days at a friend's residence there. On the first day of his arrival, and within an hour after that occurrence, Mr Moffat was invited by his host to take a stroll in the garden, to see some improvement he was then making on it.

At the moment that Mr Moffat and his friend entered the garden, there were two men employed in delving a piece of ground at a little distance from the gate, one of whom, on perceiving the Edinburgh lawyer, hastily flung down his spade, and ran off. Somewhat surprised at this circ.u.mstance, Mr Porteous, Mr Moffat's entertainer, inquired of the fugitive's fellow-workman, who was his princ.i.p.al gardener, what it meant.

The man smiled, and said that he believed he did not care to be seen by that gentleman there, pointing to Mr Moffat.

"By me!--afraid to be seen by me!" said the latter, in astonishment.

"What can that mean? What's the man's name?"

"His name is Hislop, sir--Andrew Hislop," replied the gardener. "I believe he was witness in some case before the Court of Justiciary lately."

"Right, right!" said Mr Moffat, already a good deal excited by the occurrence. "I thought I recollected the fellow, even from the momentary glance I had of him. Has he ever made any remark to you regarding that trial?" inquired Moffat.

"Why, nothing more, sir, than saying, that it is an ugly job; and that, if he had not been very firm, perhaps somebody else would have swung in place of Wotherspoon."

"Ay, indeed," exclaimed Mr Moffat, struggling hard to conceal the emotion he felt on this first glimmering of a new light on Wotherspoon's case being thus suddenly and most unexpectedly presented to him, and which was so much in accordance with certain preconceived notions of his own regarding that unfortunate case.

"And just now!" said Mr Moffat, eagerly. "What did he say just now, before he left you? Did he say anything?"