the magistrates sat at heytesbury on the tuesday, and sam brattle was remanded. an attorney thus was employed on his behalf by mr. fenwick. the parson on the monday evening had been down at the mill, and had pressed strongly on the old miller the necessity of getting some legal assistance for his son. at first mr. brattle was stern, immovable, and almost dumb. he sat on the bench outside his door, with his eyes fixed on the dismantled mill, and shook his head wearily, as though sick and sore with the words that were being addressed to him. mrs. brattle the while stood in the doorway, and listened without uttering a sound. if the parson could not prevail, it would be quite out of the question that any word of hers should do good. there she stood, wiping the tears from her eyes, looking on wishfully, while her husband did not even know that she was there. at last he rose from his seat, and hallooed to her. “maggie,” said he, “maggie.” she stepped forward, and put her hand upon his shoulder. “bring me down the purse, mother,” he said.

“there will be nothing of that kind wanted,” said the parson.

“them gentlemen don’t work for such as our boy for nothin’,” said the miller. “bring me the purse, mother, i say. there ar’n’t much in it, but there’s a few guineas as’ll do for that, perhaps. as well pitch ’em away that way as any other.”

mr. fenwick, of course, declined to take the money. he would make the lawyer understand that he would be properly paid for his trouble, and that for the present would suffice. only, as he explained, it was expedient that he should have the father’s authority. should any question on the matter arise, it would be bettor for the young man that he should be defended by his father’s aid than by that of a stranger. “i understand, mr. fenwick,” said the old man,—“i understand; and it’s neighbourly of you. but it’d be better that you’d just leave us alone to go out like the snuff of a candle.”

“father,” said fanny, “i won’t have you speak in that way, making out our sam to be guilty before ere a one else has said so.”

the miller shook his head again, but said nothing further, and the parson, having received the desired authority, returned to the vicarage.

the attorney had been employed, and sam had been remanded. there was no direct evidence against him, and nothing could be done until the other men should be taken, for whom they were seeking. the police had tracked the two men back to a cottage, about fifteen miles distant from bullhampton, in which lived an old woman, who was the mother of the grinder. with mrs. burrows they found a young woman who had lately come to live there, and who was said in the neighbourhood to be the grinder’s wife.

but nothing more could be learned of the grinder than that he had been at the cottage on the sunday morning, and had gone away, according to his wont. the old woman swore that he slept there the whole of saturday night, but of course the policemen had not believed her statement. when does any policeman ever believe anything? of the pony and cart the old woman declared she knew nothing. her son had no pony, and no cart, to her knowing. then she went on to declare that she knew very little about her son, who never lived with her; and that she had only taken in the young woman out of charity, about two weeks since. the mother did not for a moment pretend that her son was an honest man, getting his bread after an honest fashion. the grinder’s mode of life was too well known for even a mother to attempt to deny it. but she pretended that she was very honest herself, and appealed to sundry brandy-balls and stale biscuits in her window, to prove that she lived after a decent, honest, commercial fashion.

sam was of course remanded. the head constable of the district asked for a week more to make fresh inquiry, and expressed a very strong opinion that he would have the grinder and his friend by the heels before the week should be over. the heytesbury attorney made a feeble request that sam might be released on bail, as there was not, according to his statement, “the remotest shadow of a tittle of evidence against him.” but poor sam was sent back to gaol, and there remained for that week. on the next tuesday the same scene was re-enacted. the grinder had not been taken, and a further remand was necessary. the face of the head constable was longer on this occasion than it had been before, and his voice less confident. the grinder, he thought, must have caught one of the early sunday trains, and made his way to birmingham. it had been ascertained that he had friends at birmingham. another remand was asked for a week, with an understanding that at the end of the week it should be renewed if necessary. the policeman seemed to think that by that time, unless the grinder were below the sod, his presence above it would certainly be proved. on this occasion the heytesbury attorney made a very loud demand for sam’s liberation, talking of habeas corpus, and the injustice of carceration without evidence of guilt. but the magistrates would not let him go. “when i’m told that the young man was seen hiding in a ditch close to the murdered man’s house, only a few days before the murder, is that no evidence against him, mr. jones?” said sir thomas charleys, of charlicoats.

“no evidence at all, sir thomas. if i had been found asleep in the ditch, that would have been no evidence against me.”

“yes, it would, very strong evidence; and i would have committed you on it, without hesitation, mr. jones.”

mr. jones made a spirited rejoinder to this; but it was of no use, and poor sam was sent back to gaol for the third time.

for the first ten days after the murder nothing was done as to the works at the mill. the men who had been employed by brattle ceased to come, apparently of their own account, and everything was lying there just in the state in which the men had left the place on the saturday night. there was something inexpressibly sad in this, as the old man could not even make a pretence of going into the mill for employment, and there was absolutely nothing to which he could put his hands, to do it. when ten days were over, gilmore came down to the mill, and suggested that the works should be carried on and finished by him. if the mill were not kept at work, the old man could not live, and no rent would be paid. at any rate, it would be better that this great sorrow should not be allowed so to cloud everything as to turn industry into idleness, and straitened circumstances into absolute beggary. but the squire found it very difficult to deal with the miller. at first old brattle would neither give nor withhold his consent. when told by the squire that the property could not be left in that way, he expressed himself willing to go out into the road, and lay himself down and die there;—but not until the term of his holding was legally brought to a close. “i don’t know that i owe any rent over and beyond this michaelmas as is coming, and there’s the hay on the ground yet.” gilmore, who was very patient, assured him that he had no wish to allude to rent; that there should be no question of rent even when the day came, if at that time money was scarce. but would it not be better that the mill, at least, should be put in order?

“indeed it will, squire,” said mrs. brattle. “it is the idleness that is killing him.”

“hold your jabbering tongue,” said the miller, turning round upon her fiercely. “who asked you? i will see to it myself, squire, to-morrow or next day.”

after two or three further days of inaction at the mill the squire came again, bringing the parson with him; and they did manage to arrange between them that the repairs should be at once continued. the mill should be completed; but the house should be left till next summer. as to brattle himself, when he had been once persuaded to yield the point, he did not care how much they pulled down, or how much they built up. “do it as you will,” he said; “i ain’t nobody now. the women drives me about my own house as if i hadn’t a’most no business there.” and so the hammers and trowels were heard again; and old brattle would sit perfectly silent, gazing at the men as they worked. once, as he saw two men and a boy shifting a ladder, he turned round, with a little chuckle to his wife, and said, “sam’d ‘a see’d hisself d——d, afore he’d ‘a asked another chap to help him with such a job as that.”

as mrs. brattle told mrs. fenwick afterwards, he had one of the two erring children in his thoughts morning, noon, and night. “when i tell ’un of george,”—who was the farmer near fordingbridge,—“and of mrs. jay,”—who was the ironmonger’s wife at warminster,—“he won’t take any comfort in them,” said mrs. brattle. “i don’t think he cares for them, just because they can hold their own heads up.”

at the end of three weeks the grinder was still missing; and others besides mr. jones, the attorney, were beginning to say that sam brattle should be let out of prison. mr. fenwick was clearly of opinion that he should not be detained, if bail could be forthcoming. the squire was more cautious, and said that it might well be that his escape would render it impossible for the police even to get on the track of the real murderers. “no doubt, he knows more than he has told,” said gilmore, “and will probably tell it at last. if he be let out, he will tell nothing.” the police were all of opinion that sam had been present at the murder, and that he should be kept in custody till he was tried. they were very sharp in their man?uvres to get evidence against him. his boot, they had said, fitted a footstep which had been found in the mud in the farm-yard. the measure had been taken on the sunday. that was evidence. then they examined agnes pope over and over again, and extracted from the poor girl an admission that she loved sam better than anything in the whole wide world. if he were to be in prison, she would not object to go to prison with him. if he were to be hung, she would wish to be hung with him. she had no secret she would not tell him. but, as a matter of fact,—so she swore over and over again,—she had never told him a word about old trumbull’s box. she did not think she had ever told any one; but she would swear on her death-bed that she had never told sam brattle. the head constable declared that he had never met a more stubborn or a more artful young woman. sir thomas charleys was clearly of opinion that no bail should be accepted. another week of remand was granted with the understanding that, if nothing of importance was elicited by that time, and if neither of the other two suspected men were then in custody, sam should be allowed to go at large upon bail—a good, substantial bail, himself in ￡400, and his bailsmen in ￡200 each.

“who’ll be his bailsmen?” said the squire, coming away with his friend the parson from heytesbury.

“there will be no difficulty about that, i should say.”

“but who will they be,—his father for one?”

“his brother george, and jay, at warminster, who married his sister,” said the parson.

“i doubt them both,” said the squire.

“he sha’n’t want for bail. i’ll be one myself, sooner. he shall have bail. if there’s any difficulty, jones shall bail him; and i’ll see jones safe through it. he sha’n’t be persecuted in that way.”

“i don’t think anybody has attempted to persecute him, frank.”

“he will be persecuted if his own brothers won’t come forward to help him. it isn’t that they have looked into the matter, and that they think him guilty; but that they go just the way they’re told to go, like sheep. the more i think of it, the more i feel that he had nothing to do with the murder.”

“i never knew a man change his opinion so often as you do,” said gilmore.

during three weeks the visits made by head constable toffy to the cottage in which mrs. burrows lived were much more frequent than were agreeable to that lady. this cottage was about four miles from devizes, and on the edge of a common, about half a mile from the high road which leads from that town to marlborough. there is, or was a year or two back, a considerable extent of unenclosed land thereabouts, and on a spot called pycroft common there was a small collection of cottages, sufficient to constitute a hamlet of the smallest class. there was no house there of greater pretensions than the very small beershop which provided for the conviviality of the pycroftians; and of other shops there was none, save a baker’s, the owner of which seldom had much bread to sell, and the establishment for brandy-balls, which was kept by mrs. burrows. the inhabitants were chiefly labouring men, some of whom were in summer employed in brick making; and there was an idea abroad that pycroft generally was not sustained by regular labour and sober industry. rents, however, were paid for the cottages, or the cottagers would have been turned adrift; and mrs. burrows had lived in hers for five or six years, and was noted in the neighbourhood for her outward neatness and attention to decency. in the summer there were always half-a-dozen large sunflowers in the patch of ground called a garden, and there was a rose-tree, and a bush of honeysuckle over the door, and an alder stump in a corner, which would still put out leaves and bear berries. when head constable toffy visited her there would be generally a few high words, for mrs. burrows was by no means unwilling to let it be known that she objected to morning calls from mr. toffy.

it has been already said that at this time mrs. burrows did not live alone. residing with her was a young woman, who was believed by mr. toffy to be the wife of richard burrows, alias the grinder. on his first visit to pycroft no doubt, mr. toffy was mainly anxious to ascertain whether anything was known by the old woman as to her son’s whereabouts, but the second, third, and fourth visits were made rather to the younger than to the older woman. toffy had probably learned in his wide experience that a man of the grinder’s nature will generally place more reliance on a young woman than on an old; and that the young woman will, nevertheless, be more likely to betray confidence than the older,—partly from indiscretion, and partly, alas! from treachery. but, if the presumed mrs. burrows, junior, knew aught of the grinder’s present doings, she was neither indiscreet nor treacherous. mr. toffy could get nothing from her. she was sickly, weak, sullen, and silent. “she didn’t think it was her business to say where she had been living before she came to pycroft. she hadn’t been living with any husband, and had got no husband that she knew of. if she had she wasn’t going to say so. she hadn’t any children, and she didn’t know what business he had to ask her. she came from lunnun. at any rate, she came from there last, and she didn’t know what business he had to ask her where she came from. what business was it of his to be asking what her name was? her name was anne burrows, if he liked to call her so. she wouldn’t answer him any more questions. no; she wouldn’t say what her name was before she was married.”

mr. toffy had his reasons for interrogating this poor woman, but he did not for a while let any one know what those reasons were. he could not, however, obtain more information than what is contained in the answers above given, which were, for the most part, true. neither the mother nor the younger woman knew where was to be found, at the present moment, that hero of adventure who was called the grinder, and all the police of wiltshire began to fear that they were about to be outwitted.

“you never were at bullhampton with your husband, i suppose?” asked mr. toffy.

“never,” said the supposed grinder’s wife; “but what does it matter to you where i was?”

“don’t answer him never another word,” said old mrs. burrows.

“i won’t,” said the other.

“were you ever at bullhampton at all?” asked mr. toffy.

“oh dear, oh dear,” said the younger woman.

“i think you must have been there once,” said mr. toffy.

“what business is it of yourn?” demanded mrs. burrows, senior. “drat you; get out of this. you ain’t no right here, and you shan’t stay here. if you ain’t out of this, i’ll brain yer. i don’t care for perlice nor anything. we ain’t done nothing. if he did smash the gen’leman’s head, we didn’t do it; neither she nor me.”

“all the same, i think that mrs. burrows has been at bullhampton,” said the policeman.

not another word after this was said by mrs. burrows, junior, so called, and constable toffy soon took his departure. he was convinced, at any rate, of this;—that wherever the murderers might be, the man or men who had joined sam brattle in the murder,—for of sam’s guilt he was quite convinced,—neither the mother, nor the so-called wife knew of their whereabouts. he, in his heart, condemned the constabulary of warwickshire, of gloucestershire, of worcestershire, and of somersetshire, because the grinder was not taken. especially he condemned the constabulary of warwickshire, feeling almost sure that the grinder was in birmingham. if the constabulary in those counties would only do their duty as they in wiltshire did theirs, the grinder and his associates would soon be taken. but by him nothing further could be learned, and mr. toffy left pycroft common with a heavy heart.