Chapter 3

IN THE MATTER OF THE HANGING OF DUNCAN JOPP

It chanced in the year 1813 that Archie strayed one day into the Justiciary Court. The macer made room for the son of the presiding judge. In the dock, the centre of men's eyes, there stood a whey- coloured, misbegotten caitiff, Duncan Jopp, on trial for his life. His story, as it was raked out before him in that public scene, was one of disgrace and vice and cowardice, the very nakedness of crime; and the creature heard and it seemed at times as though he understood--as if at times he forgot the horror of the place he stood in, and remembered the shame of what had brought him there. He kept his head bowed and his hands clutched upon the rail; his hair dropped in his eyes and at times he flung it back; and now he glanced about the audience in a sudden fellness of terror, and now looked in the face of his judge and gulped. There was pinned about his throat a piece of dingy flannel; and this it was perhaps that turned the scale in Archie's mind between disgust and pity. The creature stood in a vanishing point; yet a little while, and he was still a man, and had eyes and apprehension; yet a little longer, and with a last sordid piece of pageantry, he would cease to be. And here, in the meantime, with a trait of human nature that caught at the beholder's breath, he was tending a sore throat.

Over against him, my Lord Hermiston occupied the bench in the red robes of criminal jurisdiction, his face framed in the white wig. Honest all through, he did not affect the virtue of impartiality; this was no case for refinement; there was a man to be hanged, he would have said, and he was hanging him. Nor was it possible to see his lordship, and acquit him of gusto in the task. It was plain he gloried in the exercise of his trained faculties, in the clear sight which pierced at once into the joint of fact, in the rude, unvarnished gibes with which he demolished every figment of defence. He took his ease and jested, unbending in that solemn place with some of the freedom of the tavern; and the rag of man with the flannel round his neck was hunted gallowsward with jeers.

Duncan had a mistress, scarce less forlorn and greatly older than himself, who came up, whimpering and curtseying, to add the weight of her betrayal. My lord gave her the oath in his most roaring voice, and added an intolerant warning.

"Mind what ye say now, Janet," said he. "I have an e'e upon ye, I'm ill to jest with."

Presently, after she was tremblingly embarked on her story, "And what made ye do this, ye auld runt?" the Court interposed. "Do ye mean to tell me ye was the panel's mistress?"

"If you please, ma loard," whined the female.

"Godsake! ye made a bonny couple," observed his lordship; and there was something so formidable and ferocious in his scorn that not even the galleries thought to laugh.