“I have come to the conclusion reluctantly that it is my duty on the evidence adduced to commit the accused to prison to await surrender to the foreign State on a warrant from the Secretary of State, if he sees fit to issue it. I have heard the accused’s evidence to the effect that he had an antecedent justification removing the act complained of from the category of crime, supported by the affidavit of a witness which is contradicted by the affidavit of four others. I have no means of judging between the conflicting evidence of these two affidavits except in so far that it is in the proportion of four to one, and I must therefore dismiss it from my mind. In face of the sworn testimony of six witnesses that the shooting was deliberate, I do not think that the unsupported word of the accused to the contrary would justify me in the case of an offence committed in this country in refusing to commit for trial; and I am therefore unable to accept it as justification for a refusal to commit for trial in respect of an offence committed in another country. I make no hesitation in confessing my reluctance to come to this conclusion, but I consider that I have no other course open to me. The question, I repeat, is not whether the accused is guilty or innocent, it is a question of whether or not there should be a trial. I am not able to take on myself the responsibility of saying that there should not. The final word in cases of this nature rests with the Secretary of State, who issues the surrender warrant. I commit you, therefore, to prison to await the issue of such a warrant. You will not be surrendered until after fifteen days, and you have the right to apply for a writ of habeas corpus in regard to the lawfulness of your custody. I have not the power to grant you any further bail; but it may be that you may secure it, if you so desire, by application to the King’s Bench Division.”
Dinny’s horrified eyes saw Hubert, standing very straight, make the magistrate a little bow, and leave the dock, walking slowly and without a look back. Behind him his lawyer, too, passed out of Court.
She herself sat as if stunned, and her only impression of those next minutes was the sight of Jean’s stony face, and of Alan’s brown hands gripping each other on the handle of his stick.
She came to herself conscious that tears were stealing down her mother’s face, and that her father was standing up.
“Come!” he said: “Let’s get out of here!”
At that moment she was more sorry for her father than for any other of them all. Since this thing began he had said so little and had felt so much. It was ghastly for him! Dinny understood very well his simple feelings. To him, in the refusal of Hubert’s word, an insult had been flung not merely in his son’s face, and his own as Hubert’s father, but in the face of what they stood for and believed in; in the face of all soldiers and all gentlemen! Whatever happened now, he would never quite get over this. Between justice and what was just, what inexorable incompatibility! Were there men more honourable than her father and her brother, or than that magistrate, perhaps? Following him out into that dishevelled backwater of life and traffic, Bow Street, she noted that they were all there except Jean, Alan and Hallorsen. Sir Lawrence said:
“We must just ‘take cabs and go about!’ Better come to Mount Street and consult what we can each best do.”
When half an hour later they assembled in Aunt Em’s drawing-room, those three were still absent.
“What’s happened to them?” asked Sir Lawrence.
“I expect they went after Hubert’s lawyer,” answered Dinny; but she knew better. Some desperate plan was being hatched, and she brought but a distracted mind to council.
In Sir Lawrence’s opinion Bobbie Ferrar was still their man. If he could do nothing with ‘Walter,’ nothing could be done. He proposed to go again to him and to the Marquess.
The General said nothing. He stood a little apart, staring at one of his brother-inlaw’s pictures, evidently without seeing it. Dinny realised that he did not join in because he could not. She wondered of what he was thinking. Of when he was young like his son, just married; of long field-days under burning sun among the sands and stones of India and South Africa; of longer days of administrative routine; of strenuous poring over maps with his eyes on the clock and his ear to the telephone; of his wounds and his son’s long sickness; of two lives given to service and this strange reward at the end?
She herself stood close to Fleur, with the instinctive feeling that from that clear, quick brain might come a suggestion of real value.
“The Squire carries weight with the Government; I might go to Bentworth,” she heard Hilary say, and the Rector add:
“Ah! I knew him at Eton, I’ll come with you.”
She heard her Aunt Wilmet’s gruff: “I’ll go to Hen again about Royalty.” And Michael’s:
“In a fortnight the House will be sitting”; and Fleur’s impatient:
“No good, Michael. The Press is no use either. I’ve got a hunch.”
‘Ah!’ she thought, and moved closer.
“We haven’t gone deep enough. What’s at the back of it? Why should the Bolivian Government care about a half-caste Indian? It’s not the actual shooting, it’s the slur on their country. Floggings and shootings by foreigners! What’s wanted is something done to the Bolivian Minister that will make him tell ‘Walter’ that they don’t really care.”
“We can’t kidnap him,” muttered Michael; “it’s not done in the best circles.”
A faint smile came on Dinny’s lips; she was not so sure.
“I’ll see,” said Fleur, as if to herself. “Dinny, you must come to us. They’ll get no further here.” And her eyes roved swiftly over the nine elders. “I shall go to Uncle Lionel and Alison. He won’t dare move, being a new judge, but she will, and she knows all the Legation people. Will you come, Dinny?”
“I ought to be with mother and father.”
“They’ll be here, Em’s just asked them. Well, if you stay here too, come round as much as you can; you might help.”
Dinny nodded, relieved at staying in town; for the thought of Condaford during this suspense oppressed her.
“We’ll go now,” said Fleur, “and I’ll get on to Alison at once.”
Michael lingered to squeeze Dinny’s arm.
“Buck up, Dinny! We’ll get him out of it somehow. If only it wasn’t ‘Walter!’ He’s the worst kind of egg. To fancy yourself ‘just’ is simply to addle.”
When all except her own people had gone, Dinny went up to her father. He was still standing before a picture, but not the same one. Slipping her hand under his arm, she said:
“It’s going to be all right, Dad dear. You could see the magistrate was really sorry. He hadn’t the power, but the Home Secretary must have.”
“I was thinking,” said the General, “what the people of this country would do if we didn’t sweat and risk our lives for them.” He spoke without bitterness, or even emphasis: “I was thinking why we should go on doing our jobs, if our words aren’t to be believed. I was wondering where that magistrate would be—oh! I dare say he’s all right according to his lights—if boys like Hubert hadn’t gone off before their time. I was wondering why we’ve chosen lives that have landed me on the verge of bankruptcy, and Hubert in this mess, when we might have been snug and comfortable in the City or the Law. Isn’t a man’s whole career to weigh a snap when a thing like this happens? I feel the insult to the Service, Dinny.”
She watched the convulsive movement of his thin brown hands, clasped as if he were standing at ease, and her whole heart went out to him, though she could perfectly well see the unreason of the exemption he was claiming. “It is easier for Heaven and Earth to pass than for one tittle of the Law to fail.” Wasn’t that the text she had just read in what she had suggested might be made into a secret naval code?