THE TRIAL.
Mr. Wilfred Pascoe, K.C., arose and cleared his throat musically. He
drew out his handkerchief, polished his glasses, returned the
handkerchief, and paused suggestively.
Mr. Pascoe was assured that he was the leading attraction at the trial
of Ambrose Doane, and that the humming crowd which filled every corner
of the court-room had come for the express purpose of hearing him, the
famous advocate from the East, sum up for the crown.
Indeed, in his opinion, there was no one else in the case. Denholm for
the defense was a sharp and clever lad, but a mere lad! As for the
judge--well one knows these judges in the outlying provinces!
The people of Prince George did not often get a chance to listen to a
man like him, therefore he wished to give them the worth of their money.
He was a dignified, ruddy little gentleman, clad in a well turned
cutaway that fell from his highly convex middle like the wings of a
pouter pigeon.
"My lord and gentlemen of the jury," he began in a voice of insinuating
modesty and sweetness, "in this room during the past four days we have
witnessed the unfolding of an extraordinary drama.
"Through all the criminal annals of this country we may search in vain
for a precedent to this case. In the past we have had to try Indians
and half-breeds for rebelling against the government.
"In such cases punishment was always tempered with mercy; we were in
the position of a parent chastising his child.
"Here we are faced by a different situation. Here we have a white man,
one of our own race charged with inciting and leading the natives to
rebel against authority. By tongue and deed he strove to unloosen the
passions of hell to his own profit!
"Every man of middle age in this Western country knows what Indian
warfare means. The flesh crawls at the picture of shrieking, painted
demons that is called up, the flames, the tortures, the dishonored
homes--gentlemen, it--it is difficult for me to speak of this matter
with a becoming restraint.
"When we come to examine the evidence we are faced by a well-nigh
inextricable confusion. But, gentlemen, the main issue is clear.
"We see the prisoner having made his first false step drawn by
inevitable succession deeper and deeper into the quicksands of passion
and violence. Out of the mass of details I ask you to choose three
facts which in themselves constitute a strong presumptive case.
"First, the trouble at Fort Enterprise--that pleasant little Eden of
the far north, invaded, alas! by the serpent--the beginning of the
trouble I say was exactly coincident with the arrival of Ambrose Doane.
"Second, in every scene of violence that followed we find him a leading
figure. Third, all trouble ceased upon his arrest.
"Let us glance in passing at the first act of lawlessness, the seizing
of the Company's mill. The prisoner admits that he forcibly broke into
the mill, hoping, no doubt, that by confessing the minor offense he may
persuade you to believe him when he denies the greater. This is a very
ancient expedient of accused persons.
"He ground his grain and carried it back to the Indians, and they
stored it in an empty shack across the river. This is conceded by both
sides.
"On the following night during the progress of a barbaric dance among
the Kakisas, at which the prisoner was a guest--an honored guest,
remember--an alarm of fire was given.
"Upon running to the scene they found the shack in flames. It was
completely destroyed, together with its contents.
"Now, gentlemen, this is one of the mysteries of the case. No evidence
has been adduced to show who set that fire. Its suddenness and
violence precludes the possibility of its having caught by accident.
It was set, but who set it?
"We are reduced to mere speculation here. Was it any one connected
with the Company? No! They had thousands of dollars' worth of
unprotected goods across the river; they were a mere handful, and the
Indians three hundred. It isn't reasonable.
"Well, then, did any of the Indians set it? Why should they? It was
their flour; they had receipted for it. Lastly, did Ambrose Doane do
it, or have it done? Ah! Let us look for possible motives.
"He was a trader, remember. It had been so easy for him to secure the
first lot; perhaps he wanted to sell them another lot. The simple
Indians, of course, would be persuaded that the incendiary came from
across the river--"
Mr. Denholm rose. "I object," he said. "My eminent friend has no
right to suggest such ideas to the jury. There is no evidence--"
Mr. Pascoe beamed upon his young opponent. "Counsel overlooks the
fact," he said gently, "that I expressly stated this was mere
speculation on my part."
"Overruled," murmured the judge.
Mr. Pascoe resumed: "As to what followed there are several versions.
The prisoner says that he pleaded with the Indians, and tried to keep
them from crossing the river. Simon Grampierre corroborates this; but
Grampierre, you must remember, is the prisoner's self-confessed
accomplice in the seizure of the flour-mill.
"Still, he may be telling the truth. Grampierre was not with Doane all
the time. It is highly probable that the prisoner, seeking to impress
Grampierre, pleaded with the Indians in his hearing. The Indians
couldn't understand English, anyway.
"Watusk testified that he had a conversation with the prisoner during
the fire, but the confusion was so great he cannot remember what was
said. This is very natural.
"Myengeen, Tatateecha, and the other Indians who testified said that
the prisoner did harangue them, and that they understood from his
gestures that he was urging them to cross the river and revenge
themselves.
"All say it was from him that they first heard Gaviller's name. I
don't think we need look any further.
"Anyhow, the prisoner led the mob down to the beach where his york-boat
was lying, and they all embarked in his boat. He says he tried to keep
them out, but he does not deny crossing with them. Hardly likely they
would take him as a passenger, is it, if he had fought them so
strenuously?
"On what took place in John Gaviller's house that night I will touch
very briefly. It was a ghastly night for the little company of
defenders! We have no eye-witness to the prisoner's dastardly attack
on Mr. Gaviller. Mr. Strange, through the most praiseworthy motives,
has refused to testify against him.
"Mr. Strange takes the ground that since he is obliged to act as
interpreter in this case, no other being obtainable, it would be
improper for him to give evidence.
"In the light of the prisoner's impudent charge against Mr. Strange,
the latter's conduct is truly magnanimous. The charge that Strange
tried to murder his employer is simply laughable. Twenty-nine years of
faithful service give it the lie.
"A great point has been made by the defense that the prisoner had no
motive in attempting to kill Mr. Gaviller. Gentlemen, he had the same
motive that has inspired every murder in history--hate!
"There is any amount of testimony to show with what hatred the prisoner
always spoke of Mr. Gaviller. Gaviller was his business rival, his
rich and successful rival. Gaviller was the head and front of the
powers that opposed his headstrong will. I repeat, it is hate and
opportunity that make a murder.
"Mr. Gaviller was prostrated with weakness. How simple to creep
up-stairs in the dark and finish what the other coward's bullet had
almost accomplished! And how impossible to prove that it was a murder!
Mr. Gaviller's vitality was so low that night, the doctor has
testified, that he himself would not have suspected foul play if he had
found him dead in the morning.
"When they arrested Doane in the house the gun they took from him was
one that had been stolen from the Company store earlier in the night.
Remember that.
"At daylight the Indians came and made a demand on the defenders of the
house for their leader, Ambrose Doane. They threatened to burn the
house down if he was not given up to them. They welcomed him with
extravagant expressions of joy.
"This is positive evidence, gentlemen. Those in the house saw the
prisoner give an order to bear away the dead bodies, and the order was
obeyed. Such little facts are highly significant.
"Watusk's evidence makes the next link. I do not attempt to justify
this unfortunate man, gentlemen. At least he is contrite, and throws
himself on the mercy of the court. Watusk says when they came back
across the river the Indians were sorry for what they had done and
terrified of punishment.
"Watusk urged them to return what they had stolen. He had taken no
part in the looting of the store. But Ambrose Doane would have none of
it. He persuaded Watusk to give the order to break camp and fly back
to the Kakisa River. Doane promised the bewildered Indian that he
would make good terms for the offenders with the police when they came.
"Doane's contention that he was a prisoner among the Kakisas is
unsupported. Watusk and five other Indians have sworn that not only
was he free to come and go as he chose, but that he directed their
movements.
"As to the prisoner's story of the Indian girl, ah--a touching story,
gentlemen!" Mr. Pascoe paused for a comfortable, silent little laugh.
He wiped his eyes. "Almost worthy of one of our popular romancers!
"Not very original perhaps, the beautiful Indian maid falling a victim
to the charms of the pale-faced prisoner, whispering to him at night
through a chink in his prison wall, and smuggling a knife to assist his
escape!
"Not very original, I say; is it possible he could have read it
somewhere, adding a few little touches of his own? Unfortunately, our
story-teller in his desire for artistic verisimilitude has overreached
himself.
"That touch about Nesis--if that is what he called her, being the
fourth wife of Watusk. Why fourth? one wonders. You have heard Lona
testify that she was Watusk's one and only wife. She ought to know. I
fancy I need say no more about that.
"Next comes Inspector Egerton. The inspector testifies that the trap
set for his men in the hills north of the Kakisa River was of an
ingenuity far beyond the compass of the Indian imagination. You have
seen a plan of it. You have heard these simple, ignorant red men
testify here. Could they have made such a plan? Impossible!
"Gentlemen, I ask you to consider the situation on that fair morning in
September when the gallant little band of redcoats rode into that
hellishly planned trap. The heart quails at the imminence of their
peril!
"That a horrible tragedy was by a miracle averted is no credit to this
prisoner. That, instead of being the most execrated murderer in the
history of our land, he is only on trial for a felony he has not
himself to thank. He has to thank the Merciful Providence on High who
caused the red man's heart to relent at the critical moment!
"Watusk could not give the order to shoot. You have heard the
policemen testify that the prisoner was furious at the Indian's
pusillanimity. I say it was a God-sent pusillanimity!
"Our merciful law makes a distinction between successful and
unsuccessful crimes, though there is no difference in the criminal. He
is lucky! Gentlemen, all that justice demands of you is that you
should find him guilty of treason-felony!"
Mr. Pascoe sat down and blew his nose with loud, conscious modesty.
The jury looked pleased and flattered. An excited murmur traveled
about the courtroom, and the judge picked up his gavel to suppress
threatened applause.
There could be no doubt as to the way popular opinion tended in this
trial. Though the applause was stopped before it began, one could feel
the crowd's animus against the prisoner no less than if they had
shouted "Hang him!" with one voice.
They believed that he had plotted against the popular idols, the
mounted police; that was enough.
The prisoner sat at a table beside his counsel with his chin in his
palm. He was well dressed and groomed--Denholm saw to that--and his
face composed, though very pale; the eyes lusterless.
Throughout Mr. Pascoe's arraignment he scarcely moved, nor appeared to
pay more than cursory attention.
It is the characteristic picture of a prisoner on trial; guilty or
innocent makes little difference on the surface. Nature, when we have
reached the limit of endurance, lends us apathy.
Ambrose had suffered so much he was dulled to suffering. He had not a
friend in the court-room except Arthur Denholm. Peter Minot, after
making a deposition in his favor, had been obliged to hasten north to
look after their endangered business.
There were others who would have been glad to support him, but he would
not call on them. Indeed what he most dreaded were the occasional
testimonials of sympathy which reached him. Friendliness unmanned him.
The other way in which his ordeal made itself felt was in his great
longing to have it over with. He looked forward to the cell which he
believed awaited him as to relief. There at least he would be safe
from the hard, inquisitive eyes which empaled him.
Meanwhile, as they argued back and forth and his fate hung in the
balance, he found himself staring at the patch of pale winter sky which
showed in the tall window. The air was clean up there. The sky was a
noble, empty place unpolluted by foul breath and villainy and lies!
When Denholm arose to speak for the prisoner, the jury regarded him
with curiosity tempered by pity. They liked Denholm, liked his
resourcefulness, his unassailable good-humor, his gallant struggle on
behalf of a bad cause. Plainly they were wondering what he could say
for his client now.
If Denholm felt that his case was hopeless, he gave no sign of it. He
was frank, unassuming, friendly with the jury. His style of delivery
was conversational.
"I will be brief," he said. "I do not mean to take you over the
evidence again. Every detail must be more than familiar to you.
"What my learned friend has just said to you, what I say to you now,
and what his lordship will presently say to you from the bench all
amounts to the same thing--choose for yourselves what you are to
believe. Somewhere in this jungle of contradictions lurks the truth.
It is for you to track it down.
"The prisoner's case stands or falls by his own testimony. We have an
instinct that warns us to disregard what a man says in his own defense.
In this case we cannot disregard it. I ask you not to consider it as
evidence against the prisoner that he has no witnesses.
"If we go over the story in our minds, we will see that under the
conditions of these happenings he could not have witnesses. Therefore,
if we wish to do justice, we must weigh his own story.
"Never mind the details now, but consider his attitude in telling it.
For an entire session of the court he sat in the witness chair telling
us with the most painstaking detail everything that happened from the
time of his first arrival at Fort Enterprise up to his arrest.
"During the whole of the following day he was on the stand under a
perfect fusillade of questions from my learned friend, admittedly the
most brilliant cross-examiner at the bar. He did not succeed in
shaking the prisoner's story in any important particular.
"How, I ask you, could the prisoner have foreseen and prepared for all
those ingenious traps formulated in the resourceful brain of my learned
friend, unless he was telling the simple truth?
"Moreover, the gaps, the inconsistencies, the improbabilities in the
story which my friend has pointed out, to my mind these are the
strongest evidences of its truth. For if he had made it all up he
would be logical. Man's brain works that way.
"Suppose for the sake of argument that the prisoner did accomplish that
miracle; that in his brain he formulated a story so complete in every
ramification that nine hours' cross-examination could batter no holes
in it.
"If that is true, it is a wonderful brain, isn't it? The prisoner, in
short, is an amazingly clever young man. Now, can you imagine a man
with even the rudiments of good sense persuading himself that he could
make a successful Indian uprising at this date? There is a serious--"
Denholm was stopped by a commotion that arose outside the door of the
court-room. There was a great throng in the corridor as well. He
looked to the bench for aid.
His lordship rapped smartly with his gavel. "Silence!" he cried, "or I
will have the room cleared!"
But the noise came nearer.
"Officer, what is the trouble outside?" demanded the bench.
The two doorkeepers with great hands were pressing back a threatened
irruption from the corridor. One spoke over his shoulder.
"If you please, sir, there's a young woman here says she has evidence
to give in this case."