BOOK III.

THE SCALES OF JUSTICE.

XXVII.

THE GREAT TRIAL.

_Othello._--What dost thou think?

_Iago._-- Think, my lord?

_Othello._--By heav'n, he echoes me.

As if there was some monster in his thought

Too hideous to be shown.--OTHELLO.

SIBLEY was in a stir. Sibley was the central point of interest for the

whole country. The great trial was in progress and the curiosity of the

populace knew no bounds.

In a room of the hotel sat our two detectives. They had just come from

the court-house. Both seemed inclined to talk, though both showed an

indisposition to open the conversation. A hesitation lay between them; a

certain thin vail of embarrassment that either one would have found it

hard to explain, and yet which sufficed to make their intercourse a

trifle uncertain in its character, though Hickory's look had lost none

of its rude good-humor, and Byrd's manner was the same mixture of easy

nonchalance and quiet self-possession it had always been.

It was Hickory who spoke at last.

"Well, Byrd?" was his suggestive exclamation.

"Well, Hickory?" was the quiet reply.

"What do you think of the case so far?"

"I think"--the words came somewhat slowly--"I think that it looks bad.

Bad for the prisoner, I mean," he explained the next moment with a quick

flush.

"Your sympathies are evidently with Mansell," Hickory quietly remarked.

"Yes," was the slow reply. "Not that I think him innocent, or would turn

a hair's breadth from the truth to serve him."

"He _is_ a manly fellow," Hickory bluntly admitted, after a moment's

puff at the pipe he was smoking. "Do you remember the peculiar

straightforwardness of his look when he uttered his plea of 'Not

guilty,' and the tone he used too, so quiet, yet so emphatic? You could

have heard a pin drop."

"Yes," returned Mr. Byrd, with a quick contraction of his usually smooth

brow.

"Have you noticed," the other broke forth, after another puff, "a

certain curious air of disdain that he wears?"

"Yes," was again the short reply.

"I wonder what it means?" queried Hickory carelessly, knocking the ashes

out of his pipe.

Mr. Byrd flashed a quick askance look at his colleague from under his

half-fallen lids, but made no answer.

"It is not pride alone," resumed the rough-and-ready detective,

half-musingly; "though he's as proud as the best of 'em. Neither is it

any sort of make-believe, or _I_ wouldn't be caught by it.

'Tis--'tis--what?" And Hickory rubbed his nose with his thoughtful

forefinger, and looked inquiringly at Mr. Byrd.

"How should I know?" remarked the other, tossing his stump of a cigar

into the fire. "Mr. Mansell is too deep a problem for me."

"And Miss Dare too?"

"_And_ Miss Dare."

Silence followed this admission, which Hickory broke at last by

observing:

"The day that sees _her_ on the witness stand will be interesting, eh?"

"It is not far off," declared Mr. Byrd.

"No?"

"I think she will be called as a witness to-morrow."

"Have you noticed," began Hickory again, after another short interval of

quiet contemplation, "that it is only when Miss Dare is present that

Mansell wears the look of scorn I have just mentioned."

"Hickory," said Mr. Byrd, wheeling directly about in his chair and for

the first time surveying his colleague squarely, "I have noticed _this_.

That ever since the day she made her first appearance in the court-room,

she has sat with her eyes fixed earnestly upon the prisoner, and that he

has never answered her look by so much as a glance in her direction.

This has but one explanation as I take it. He never forgets that it is

through her he has been brought to trial for his life."

Mr. Byrd uttered this very distinctly, and with a decided emphasis. But

the impervious Hickory only settled himself farther back in his chair,

and stretching his feet out toward the fire, remarked dryly:

"Perhaps I am not much of a judge of human nature, but I should have

said now that this Mansell was not a man to treat her contemptuously for

that. Rage he might show or hatred, but this quiet ignoring of her

presence seems a little too dignified for a criminal facing a person he

has every reason to believe is convinced of his guilt."

"Ordinary rules don't apply to this man. Neither you nor I can sound his

nature. If he displays contempt, it is because he is of the sort to feel

it for the woman who has betrayed him."

"You make him out mean-spirited, then, as well as wicked?"

"I make him out human. More than that," Mr. Byrd resumed, after a

moment's thought, "I make him out consistent. A man who lets his

passions sway him to the extent of committing a murder for the purpose

of satisfying his love or his ambition, is not of the unselfish cast

that would appreciate such a sacrifice as Miss Dare has made. This under

the supposition that our reasons for believing him guilty are well

founded. If our suppositions are false, and the crime was not committed

by him, his contempt needs no explanation."

"Just so!"

The peculiar tone in which this was uttered caused Mr. Byrd to flash

another quick look at his colleague. Hickory did not seem to observe it.

"What makes you think Miss Dare will be called to the witness stand

to-morrow?" he asked.

"Well I will tell you," returned Byrd, with the sudden vivacity of one

glad to turn the current of conversation into a fresh channel. "If you

have followed the method of the prosecution as I have done, you will

have noticed that it has advanced to its point by definite stages.

First, witnesses were produced to prove the existence of motive on the

part of the accused. Mr. Goodman was called to the witness stand, and,

after him, other business men of Buffalo, all of whom united in

unqualified assertions of the prisoner's frequently-expressed desire for

a sum of money sufficient to put his invention into practical use. Next,

the amount considered necessary for this purpose was ascertained and

found to be just covered by the legacy bequeathed him by his aunt; after

which, ample evidence was produced to show that he knew the extent of

her small fortune, and the fact that she had by her will made him her

heir. Motive for the crime being thus established, they now proceeded to

prove that he was not without actual opportunity for perpetrating it. He

was shown to have been in Sibley at the time of the murder. The

station-master at Monteith was confronted with the prisoner, also old

Sally Perkins. Then you and I came before the court with our testimony,

and whatever doubt may have remained as to his having been in a position

to effect his aunt's death, and afterward escape unnoticed by means of

the path leading over the hills to Monteith Quarry station, was swept

away. What remains? To connect him with the murder itself, by some,

strong link of circumstantial evidence, such as the ring provides. And

who is it that can give testimony regarding the ring?--Miss Dare."

"Hem! Well, she will do it," was the dry remark of Hickory.

"She will be obliged to do it," was the emphatic response of Byrd.

And again their glances crossed in a furtive way both seemed ready to

ignore.

"What do you think of Orcutt?" Hickory next inquired.

"He is very quiet."

"Too quiet, eh?"

"Perhaps. Folks that know him well declare they never before saw him

conduct a case in so temperate a manner. He has scarcely made an effort

at cross-examination, and, in fact, has thus far won nothing for the

defence except that astonishing tribute to the prisoner's character

given by Mr. Goodman."

"Mr. Goodman is Mansell's friend."

"I know it; but his short, decisive statements told upon the jury. Such

a man as he made Mansell out to be is just the sort to create an

impression on a body of men like them."

"Orcutt understands a jury."

"Orcutt understands his case. He knows he can make nothing by attempting

to shake the evidence which has been presented by the prosecution; the

facts are too clear, and the witnesses which have been called to testify

are of too reliable a character. Whatever defence he contemplates, it

will not rest upon a denial of any of the facts brought to light through

our efforts, or the evidence of such persons as Messrs. Goodman and

Harrison."

"No."

"The question is, then, in what will it lie? Some strong point, I

warrant you, or he would not hold himself and his plans so completely in

reserve. But what strong point? I acknowledge the uncertainty troubles

me."

"I don't wonder," rejoined Hickory. "So it does me."

And a constraint again fell between them that lasted till Hickory put

his pipe in his pocket and signified his intention of returning to his

own apartments.

XXVIII.

THE CHIEF WITNESS FOR THE PROSECUTION.

Oh, while you live tell truth and shame the devil!

--HENRY IV.

MR. BYRD'S countenance after the departure of his companion was any

thing but cheerful. The fact is, he was secretly uneasy. He dreaded the

morrow. He dreaded the testimony of Miss Dare. He had not yet escaped so

fully from under the dominion of her fascinations as to regard with

equanimity this unhappy woman forcing herself to give testimony

compromising to the man she loved.

Yet when the morrow came he was among the first to secure a seat in the

court-room. Though the scene was likely to be harrowing to his feelings,

he had no wish to lose it, and, indeed, chose such a position as would

give him the best opportunity for observing the prisoner and surveying

the witnesses.

He was not the only one on the look-out for the testimony of Miss Dare.

The increased number of the spectators and the general air of

expectation visible in more than one of the chief actors in this

terrible drama gave suspicious proof of the fact; even if the deadly

pallor of the lady herself had not revealed her own feelings in regard

to the subject.

The entrance of the prisoner was more marked, too, than usual. His air

and manner were emphasized, so to speak, and his face, when he turned it

toward the jury, wore an iron look of resolution that would have made

him conspicuous had he occupied a less prominent position than that of

the dock.

Miss Dare, who had flashed her eyes toward him at the moment of his

first appearance, dropped them again, contrary to her usual custom. Was

it because she knew the moment was at hand when their glances would be

obliged to meet?

Mr. Orcutt, whom no movement on the part of Miss Dare ever escaped,

leaned over and spoke to the prisoner.

"Mr. Mansell," said he, "are you prepared to submit with composure to

the ordeal of confronting Miss Dare?"

"Yes," was the stern reply.

"I would then advise you to look at her now," proceeded his counsel.

"She is not turned this way, and you can observe her without

encountering her glance. A quick look at this moment may save you from

betraying any undue emotion when you see her upon the stand."

The accused smiled with a bitterness Mr. Orcutt thought perfectly

natural, and slowly prepared to obey. As he raised his eyes and allowed

them to traverse the room until they settled upon the countenance of the

woman he loved, this other man who, out of a still more absorbing

passion for Imogene, was at that very moment doing all that lay in his

power for the saving of this his openly acknowledged rival, watched him

with the closest and most breathless attention. It was another instance

of that peculiar fascination which a successful rival has for an

unsuccessful one. It was as if this great lawyer's thoughts reverted to

his love, and he asked himself: "What is there in this Mansell that she

should prefer him to me?"

And Orcutt himself, though happily unaware of the fact, was at that same

instant under a scrutiny as narrow as that he bestowed upon his client.

Mr. Ferris, who knew his secret, felt a keen interest in watching how he

would conduct himself at this juncture. Not an expression of the

lawyer's keen and puzzling eye but was seen by the District Attorney and

noted, even if it was not understood.

Of the three, Mr. Ferris was the first to turn away, and his thoughts if

they could have been put into words might have run something like this:

"That man"--meaning Orcutt--"is doing the noblest work one human being

can perform for another, and yet there is something in his face I do not

comprehend. Can it be he hopes to win Miss Dare by his effort to save

his rival?"

As for the thoughts of the person thus unconsciously subjected to the

criticism of his dearest friend, let our knowledge of the springs that

govern his action serve to interpret both the depth and bitterness of

his curiosity; while the sentiments of Mansell---- But who can read what

lurks behind the iron of that sternly composed countenance? Not

Imogene, not Orcutt, not Ferris. His secret, if he owns one, he keeps

well, and his lids scarcely quiver as he drops them over the eyes that

but a moment before reflected the grand beauty of the unfortunate woman

for whom he so lately protested the most fervent love.

The next moment the court was opened and Miss Dare's name was called by

the District Attorney.

With a last look at the unresponsive prisoner, Imogene rose, took her

place on the witness stand and faced the jury.

It was a memorable moment. If the curious and impressible crowd of

spectators about her had been ignorant of her true relations to the

accused, the deadly stillness and immobility of her bearing would have

convinced them that emotion of the deepest nature lay behind the still,

white mask she had thought fit to assume. That she was beautiful and

confronted them from that common stand as from a throne, did not serve

to lessen the impression she made.

The officer held the Bible toward her. With a look that Mr. Byrd was

fain to consider one of natural shrinking only, she laid her white hand

upon it; but at the intimation from the officer, "The right hand, if you

please, miss," she started and made the exchange he suggested, while at

the same moment there rang upon her ear the voice of the clerk as he

administered the awful adjuration that she should, as she believed and

hoped in Eternal mercy, tell the truth as between this man and the law

and keep not one tittle back. The book was then lifted to her lips by

the officer, and withdrawn.

"Take your seat, Miss Dare," said the District Attorney. And the

examination began.

"Your name, if you please?"

"Imogene Dare."

"Are you married or single?"

"I am single."

"Where were you born?"

Now this was a painful question to one of her history. Indeed, she

showed it to be so by the flush which rose to her cheek and by the

decided trembling of her proud lip. But she did not seek to evade it.

"Sir," she said, "I cannot answer you. I never heard any of the

particulars of my birth. I was a foundling."

The mingled gentleness and dignity with which she made this

acknowledgment won for her the instantaneous sympathy of all present.

Mr. Orcutt saw this, and the flash of indignation that had involuntarily

passed between him and the prisoner subsided as quickly as it arose.

Mr. Ferris went on.

"Where do you live?"

"In this town?"

"With whom do you live?"

"I am boarding at present with a woman of the name of Kennedy. I support

myself by my needle," she hurriedly added, as though anxious to

forestall his next question.

Seeing the prisoner start at this, Imogene lifted her head still higher.

Evidently this former lover of hers knew little of her movements since

they parted so many weeks ago.

"And how long is it since you supported yourself in this way?" asked the

District Attorney.

"For a few weeks only. Formerly," she said, making a slight inclination

in the direction of the prisoner's counsel, "I lived in the household of

Mr. Orcutt, where I occupied the position of assistant to the lady who

looks after his domestic affairs." And her eye met the lawyer's with a

look of pride that made him inwardly cringe, though not even the jealous

glance of the prisoner could detect that an eyelash quivered or a

flicker disturbed the studied serenity of his gaze.

The District Attorney opened his lips as if to pursue this topic, but,

meeting his opponent's eye, concluded to waive further preliminaries and

proceed at once to the more serious part of the examination.

"Miss Dare," said he, "will you look at the prisoner and tell us if you

have any acquaintance with him?"

Slowly she prepared to reply; slowly she turned her head and let her

glance traverse that vast crowd till it settled upon her former lover.

The look which passed like lightning across her face as she encountered

his gaze fixed for the first time steadily upon her own, no one in that

assemblage ever forgot.

"Yes," she returned, quietly, but in a tone that made Mansell quiver and

look away, despite his iron self-command; "I know him."

"Will you be kind enough to say how long you have known him and where it

was you first made his acquaintance?"

"I met him first in Buffalo some four months since," was the steady

reply. "He was calling at a friend's house where I was staying."

"Did you at that time know of his relation to your townswoman, Mrs.

Clemmens?"

"No, sir. It was not till I had seen him several times that I learned he

had any connections in Sibley."

"Miss Dare, you will excuse me, but it is highly desirable for the court

to know if the prisoner ever paid his addresses to you?"

The deep, almost agonizing blush that colored her white cheek answered

as truly as the slow "Yes," that struggled painfully to her lips.

"And--excuse me again, Miss Dare--did he propose marriage to you?"

"He did."

"Did you accept him?"

"I did not."

"Did you refuse him?"

"I refused to engage myself to him."

"Miss Dare, will you tell us when you left Buffalo?"

"On the nineteenth day of August last."

"Did the prisoner accompany you?"

"He did not."

"Upon what sort of terms did you part?"

"Good terms, sir."

"Do you mean friendly terms, or such as are held by a man and a woman

between whom an attachment exists which, under favorable circumstances,

may culminate in marriage?"

"The latter, sir, I think."

"Did you receive any letters from the prisoner after your return to

Sibley?"

"Yes, sir."

"And did you answer them?"

"I did."

"Miss Dare, may I now ask what reasons you gave the prisoner for

declining his offer--that is, if my friend does not object to the

question?" added the District Attorney, turning with courtesy toward Mr.

Orcutt.

The latter, who had started to his feet, bowed composedly and prepared

to resume his seat.

"I desire to put nothing in the way of your eliciting the whole truth

concerning this matter," was his quiet, if somewhat constrained,

response.

Mr. Ferris at once turned back to Miss Dare.

"You will, then, answer," he said.

Imogene lifted her head and complied.

"I told him," she declared, with thrilling distinctness, "that he was in

no condition to marry. I am by nature an ambitious woman, and, not

having suffered at that time, thought more of my position before the

world than of what constitutes the worth and dignity of a man."

No one who heard these words could doubt they were addressed to the

prisoner. Haughtily as she held herself, there was a deprecatory

humility in her tone that neither judge nor jury could have elicited

from her. Naturally many eyes turned in the direction of the prisoner.

They saw two white faces before them, that of the accused and that of

his counsel, who sat near him. But the pallor of the one was of scorn,

and that of the other---- Well, no one who knew the relations of Mr.

Orcutt to the witness could wonder that the renowned lawyer shrank from

hearing the woman he loved confess her partiality for another man.

Mr. Ferris, who understood the situation as well as any one, but who had

passed the point where sympathy could interfere with his action, showed

a disposition to press his advantage.

"Miss Dare," he inquired, "in declining the proposals of the prisoner,

did you state to him in so many words these objections you have here

mentioned?"

"I did."

"And what answer did he give you?"

"He replied that he was also ambitious, and hoped and intended to make a

success in life."

"And did he tell you how he hoped and intended to make a success?"

"He did."

"Miss Dare, were these letters written by you?"

She looked at the packet he held toward her, started as she saw the

broad black ribbon that encircled it, and bowed her head.

"I have no doubt these are my letters," she rejoined, a little

tremulously for her. And unbinding the packet, she examined its

contents. "Yes," she answered, "they are. These letters were all written

by me."

And she handed them back with such haste that the ribbon which bound

them remained in her fingers, where consciously or unconsciously she

held it clutched all through the remaining time of her examination.

"Now," said the District Attorney, "I propose to read two of these

letters. Does my friend wish to look at them before I offer them in

evidence?" holding them out to Mr. Orcutt.

Every eye in the court-room was fixed upon the latter's face, as the

letters addressed to his rival by the woman he wished to make his wife,

were tendered in this public manner to his inspection. Even the iron

face of Mansell relaxed into an expression of commiseration as he turned

and surveyed the man who, in despite of the anomalous position they held

toward each other, was thus engaged in battling for his life before the

eyes of the whole world. At that instant there was not a spectator who

did not feel that Tremont Orcutt was the hero of the moment.

He slowly turned to the prisoner:

"Have you any objection to these letters being read?"

"No," returned the other, in a low tone.

Mr. Orcutt turned firmly to the District Attorney:

"You may read them if you think proper," said he.

Mr. Ferris bowed; the letters were marked as exhibits by the

stenographic reporter who was taking the minutes of testimony, and

handed back to Ferris, who proceeded to read the following in a clear

voice to the jury:

"SIBLEY, N. Y., September 7, 1882.

"DEAR FRIEND,--You show signs of impatience, and

ask for a word to help you through this period of

uncertainty and unrest. What can I say more than I

have said? That I believe in you and in your

invention, and proudly wait for the hour when you

will come to claim me with the fruit of your

labors in your hand. I am impatient myself, but I

have more trust than you. Some one will see the

value of your work before long, or else your aunt

will interest herself in your success, and lend

you that practical assistance which you need to

start you in the way of fortune and fame. I cannot

think you are going to fail. I will not allow

myself to look forward to any thing less than

success for you and happiness for myself. For the

one involves the other, as you must know by this

time, or else believe me to be the most heartless

of coquettes.

"Wishing to see you, but of the opinion that

further meetings between us would be unwise till

our future looks more settled, I remain, hopefully

yours,

"IMOGENE DARE."

"The other letter I propose to read," continued Mr. Ferris, "is dated

September 23d, three days before the widow's death.

"DEAR CRAIK,--Since you insist upon seeing me, and

say that you have reasons of your own for not

visiting me openly, I will consent to meet you at

the trysting spot you mention, though all such

underhand dealings are as foreign to my nature as

I believe them to be to yours.

"Trusting that fortune will so favor us as to make

it unnecessary for us to meet in this way more

than once, I wait in anxiety for your coming.

"IMOGENE DARE."

These letters, unfolding relations that, up to this time, had been

barely surmised by the persons congregated before her, created a great

impression. To those especially who knew her and believed her to be

engaged to Mr. Orcutt the surprise was wellnigh thrilling. The witness

seemed to feel this, and bestowed a short, quick glance upon the lawyer,

that may have partially recompensed him for the unpleasantness of the

general curiosity.

The Prosecuting Attorney went on without pause:

"Miss Dare," said he, "did you meet the prisoner as you promised?"

"I did."

"Will you tell me when and where?"

"On the afternoon of Monday, September 27th, in the glade back of Mrs.

Clemmens' house."

"Miss Dare, we fully realize the pain it must cost you to refer to these

matters, but I must request you to tell us what passed between you at

this interview?"

"If you will ask me questions, sir, I will answer them with the truth

the subject demands."

The sorrowful dignity with which this was said, called forth a bow from

the Prosecuting Attorney.

"Very well," he rejoined, "did the prisoner have any thing to say about

his prospects?"

"He did."

"How did he speak of them?"

"Despondingly."

"And what reason did he give for this?"

"He said he had failed to interest any capitalist in his invention."

"Any other reason?"

"Yes."

"What was that?"

"That he had just come from his aunt whom he had tried to persuade to

advance him a sum of money to carry out his wishes, but that she had

refused."

"He told you that?"

"Yes, sir."

"Did he also tell you what path he had taken to his aunt's house?"

"No, sir."

"Was there any thing said by him to show he did not take the secret path

through the woods and across the bog to her back door?"

"No, sir."

"Or that he did not return in the same way?"

"No, sir."

"Miss Dare, did the prisoner express to you at this time irritation as

well as regret at the result of his efforts to elicit money from his

aunt?"

"Yes," was the evidently forced reply.

"Can you remember any words that he used which would tend to show the

condition of his mind?"

"I have no memory for words," she began, but flushed as she met the eye

of the Judge, and perhaps remembered her oath. "I do recollect, however,

one expression he used. He said: 'My life is worth nothing to me without

success. If only to win you, I must put this matter through; and I will

do it yet.'"

She repeated this quietly, giving it no emphasis and scarcely any

inflection, as if she hoped by her mechanical way of uttering it to rob

it of any special meaning. But she did not succeed, as was shown by the

compassionate tone in which Mr. Ferris next addressed her.

"Miss Dare, did you express any anger yourself at the refusal of Mrs.

Clemmens to assist the prisoner by lending him such moneys as he

required?"

"Yes, sir; I fear I did. It seemed unreasonable to me then, and I was

very anxious he should have that opportunity to make fame and fortune

which I thought his genius merited."

"Miss Dare," inquired the District Attorney, calling to his aid such

words as he had heard from old Sally in reference to this interview,

"did you make use of any such expression as this: 'I wish I knew Mrs.

Clemmens'?"

"I believe I did."

"And did this mean you had no acquaintance with the murdered woman at

that time?" pursued Mr. Ferris, half-turning to the prisoner's counsel,

as if he anticipated the objection which that gentleman might very

properly make to a question concerning the intention of a witness.

And Mr. Orcutt, yielding to professional instinct, did indeed make a

slight movement as if to rise, but became instantly motionless. Nothing

could be more painful to him than to wrangle before the crowded

court-room over these dealings between the woman he loved and the man he

was now defending.

Mr. Ferris turned back to the witness and awaited her answer. It came

without hesitation.

"It meant that, sir."

"And what did the prisoner say when you gave utterance to this wish?"

"He asked me why I desired to know her."

"And what did you reply?"

"That if I knew her I might be able to persuade her to listen to his

request."

"And what answer had he for this?"

"None but a quick shake of his head."

"Miss Dare; up to the time of this interview had you ever received any

gift from the prisoner--jewelry, for instance--say, a ring!"

"No, sir."

"Did he offer you such a gift then?"

"He did."

"What was it?"

"A gold ring set with a diamond."

"Did you receive it?"

"No, sir. I felt that in taking a ring from him I would be giving an

irrevocable promise, and I was not ready to do that."

"Did you allow him to put it on your finger?"

"I did."

"And it remained there?" suggested Mr. Ferris, with a smile.

"A minute, may be."

"Which of you, then, took it off?"

"I did."

"And what did you say when you took it off?"

"I do not remember my words."

Again recalling old Sally's account of this interview, Mr. Ferris asked:

"Were they these: 'I cannot. Wait till to-morrow'?"

"Yes, I believe they were."

"And when he inquired: 'Why to-morrow?' did you reply: 'A night has been

known to change the whole current of one's affairs'?"

"I did."

"Miss Dare, what did you mean by those words?"

"I object!" cried Mr. Orcutt, rising. Unseen by any save himself, the

prisoner had made him an eloquent gesture, slight, but peremptory.

"I think it is one I have a right to ask," urged the District Attorney.

But Mr. Orcutt, who manifestly had the best of the argument, maintained

his objection, and the Court instantly ruled in his favor.

Mr. Ferris prepared to modify his question. But before he could speak

the voice of Miss Dare was heard.

"Gentlemen," said she, "there was no need of all this talk. I intended

to seek an interview with Mrs. Clemmens and try what the effect would be

of confiding to her my interest in her nephew."

The dignified simplicity with which she spoke, and the air of quiet

candor that for that one moment surrounded her, gave to this voluntary

explanation an unexpected force that carried it quite home to the hearts

of the jury. Even Mr. Orcutt could not preserve the frown with which he

had confronted her at the first movement of her lips, but turned toward

the prisoner with a look almost congratulatory in its character. But Mr.

Byrd, who for reasons of his own kept his eyes upon that prisoner,

observed that it met with no other return than that shadow of a bitter

smile which now and then visited his otherwise unmoved countenance.

Mr. Ferris, who, in his friendship for the witness, was secretly

rejoiced in an explanation which separated her from the crime of her

lover, bowed in acknowledgment of the answer she had been pleased to

give him in face of the ruling of the Court, and calmly proceeded:

"And what reply did the prisoner make you when you uttered this remark

in reference to the change that a single day sometimes makes in one's

affairs?"

"Something in the way of assent."

"Cannot you give us his words?"

"No, sir."

"Well, then, can you tell us whether or not he looked thoughtful when

you said this?"

"He may have done so, sir."

"Did it strike you at the time that he reflected on what you said?"

"I cannot say how it struck me at the time."

"Did he look at you a few minutes before speaking, or in any way conduct

himself as if he had been set thinking?"

"He did not speak for a few minutes."

"And looked at you?"

"Yes, sir."

The District Attorney paused a moment as if to let the results of his

examination sink into the minds of the jury; then he went on:

"Miss Dare, you say you returned the ring to the prisoner?"

"Yes, sir."

"You say positively the ring passed from you to him; that you saw it in

his hand after it had left yours?"

"No, sir. The ring passed from me to him, but I did not see it in his

hand, because I did not return it to him that way. I dropped it into his

pocket."

At this acknowledgment, which made both the prisoner and his counsel

look up, Mr. Byrd felt himself nudged by Hickory.

"Did you hear that?" he whispered.

"Yes," returned the other.

"And do you believe it?"

"Miss Dare is on oath," was the reply.

"Pooh!" was Hickory's whispered exclamation.

The District Attorney alone showed no surprise.

"You dropped it into his pocket?" he resumed. "How came you to do that?"

"I was weary of the strife which had followed my refusal to accept this

token. He would not take it from me himself, so I restored it to him in

the way I have said."

"Miss Dare, will you tell us what pocket this was?"

"The outside pocket on the left side of his coat," she returned, with a

cold and careful exactness that caused the prisoner to drop his eyes

from her face, with that faint but scornful twitch of the muscles about

his mouth, which gave to his countenance now and then the proud look of

disdain which both the detectives had noted.

"Miss Dare," continued the Prosecuting Attorney, "did you see this ring

again during the interview?"

"No, sir."

"Did you detect the prisoner making any move to take it out of his

pocket, or have you any reason to believe that it was taken out of the

pocket on the left-hand side of his coat while you were with him?"

"No, sir."

"So that, as far as you know, it was still in his pocket when you

parted?"

"Yes, sir."

"Miss Dare, have you ever seen that ring since?"

"I have."

"When and where?"

"I saw it on the morning of the murder. It was lying on the floor of

Mrs. Clemmens' dining-room. I had gone to the house, in my surprise at

hearing of the murderous assault which had been made upon her, and,

while surveying the spot where she was struck, perceived this ring lying

on the floor before me."

"What made you think it was this ring which you had returned to the

prisoner the day before?"

"Because of its setting, and the character of the gem, I suppose."

"Could you see all this where it was lying on the floor?"

"It was brought nearer to my eyes, sir. A gentleman who was standing

near, picked it up and offered it to me, supposing it was mine. As he

held it out in his open palm I saw it plainly."

"Miss Dare, will you tell us what you did when you first saw this ring

lying on the floor?"

"I covered it with my foot."

"Was that before you recognized it?"

"I cannot say. I placed my foot upon it instinctively."

"How long did you keep it there?"

"Some few minutes."

"What caused you to move at last?"

"I was surprised."

"What surprised you?"

"A man came to the door."

"What man."

"I don't know. A stranger to me. Some one who had been sent on an errand

connected with this affair."

"What did he say or do to surprise you?"

"Nothing. It was what you said yourself after the man had gone."

"And what did I say, Miss Dare?"

She cast him a look of the faintest appeal, but answered quietly:

"Something about its not being the tramp who had committed this crime."

"That surprised you?"

"That made me start."

"Miss Dare, were you present in the house when the dying woman spoke the

one or two exclamations which have been testified to in this trial?"

"Yes, sir."

"What was the burden of the first speech you heard?"

"The words _Hand_, sir, and _Ring_. She repeated the two half a dozen

times."

"Miss Dare, what did you say to the gentleman who showed you the ring

and asked if it were yours?"

"I told him it was mine, and took it and placed it on my finger."

"But the ring was not yours?"

"My acceptance of it made it mine. In all but that regard it had been

mine ever since Mr. Mansell offered it to me the day before."

Mr. Ferris surveyed the witness for a moment before saying:

"Then you considered it damaging to your lover to have this ring found

in that apartment?"

Mr. Orcutt instantly rose to object.

"I won't press the question," said the District Attorney, with a wave of

his hand and a slight look at the jury.

"You ought never to have asked it?" exclaimed Mr. Orcutt, with the first

appearance of heat he had shown.

"You are right," Mr. Ferris coolly responded. "The jury could see the

point without any assistance from you or me."

"And the jury," returned Mr. Orcutt, with equal coolness, "is scarcely

obliged to you for the suggestion."

"Well, we won't quarrel about it," declared Mr. Ferris.

"We won't quarrel about any thing," retorted Mr. Orcutt. "We will try

the case in a legal manner."

"Have you got through?" inquired Mr. Ferris, nettled.

Mr. Orcutt took his seat with the simple reply:

"Go on with the case."

The District Attorney, after a momentary pause to regain the thread of

his examination and recover his equanimity, turned to the witness.

"Miss Dare," he asked, "how long did you keep that ring on your finger

after you left the house?"

"A little while--five or ten minutes, perhaps."

"Where were you when you took it off?"

Her voice sank just a trifle:

"On the bridge at Warren Street."

"What did you do with it then?"

Her eyes which had been upon the Attorney's face, fell slowly.

"I dropped it into the water," she said.

And the character of her thoughts and suspicions at that time stood

revealed.

The Prosecuting Attorney allowed himself a few more questions.

"When you parted with the prisoner in the woods, was it with any

arrangement for meeting again before he returned to Buffalo?"

"No, sir."

"Give us the final words of your conversation, if you please."

"We were just parting, and I had turned to go, when he said: 'Is it

good-by, then, Imogene?' and I answered, 'That to-morrow must decide.'

'Shall I stay, then?' he inquired; to which I replied, 'Yes.'"

'Twas a short, seemingly literal, repetition of possibly innocent words,

but the whisper into which her voice sank at the final "Yes" endowed it

with a thrilling effect for which even she was not prepared. For she

shuddered as she realized the deathly quiet that followed its utterance,

and cast a quick look at Mr. Orcutt that was full of question, if not

doubt.

"I was calculating upon the interview I intended to have with Mrs.

Clemmens," she explained, turning toward the Judge with indescribable

dignity.

"We understand that," remarked the Prosecuting Attorney, kindly, and

then inquired:

"Was this the last you saw of the prisoner until to-day?"

"No, sir."

"When did you see him again?"

"On the following Wednesday."

"Where?"

"In the depot at Syracuse."

"How came you to be in Syracuse the day after the murder?"

"I had started to go to Buffalo."

"What purpose had you in going to Buffalo?"

"I wished to see Mr. Mansell."

"Did he know you were coming?"

"No, sir."

"Had no communication passed between you from the time you parted in the

woods till you came upon each other in the depot you have just

mentioned?"

"No, sir."

"Had he no reason to expect to meet you there?"

"No, sir."

"With what words did you accost each other?"

"I don't know. I have no remembrance of saying any thing. I was utterly

dumbfounded at seeing him in this place, and cannot say into what

exclamation I may have been betrayed."

"And he? Don't you remember what he said?"

"No, sir. I only know he started back with a look of great surprise.

Afterward he asked if I were on my way to see him."

"And what did you answer?"

"I don't think I made any answer. I was wondering if he was on his way

to see me."

"Did you put the question to him?"

"Perhaps. I cannot tell. It is all like a dream to me."

If she had said horrible dream, every one there would have believed her.

"You can tell us, however, if you held any conversation?"

"We did not."

"And you can tell us how the interview terminated?"

"Yes, sir. I turned away and took the train back home, which I saw

standing on the track without."

"And he?"

"Turned away also. Where he went I cannot say."

"Miss Dare"--the District Attorney's voice was very earnest--"can you

tell us which of you made the first movement to go?"

"What does he mean by that?" whispered Hickory to Byrd.

"I think----" she commenced and paused. Her eyes in wandering over the

throng of spectators before her, had settled on these two detectives,

and noting the breathless way in which they looked at her, she seemed to

realize that more might lie in this question than at first appeared.

"I do not know," she answered at last. "It was a simultaneous movement,

I think."

"Are you sure?" persisted Mr. Ferris. "You are on oath, Miss Dare? Is

there no way in which you can make certain whether he or you took the

initiatory step in this sudden parting after an event that so materially

changed your mutual prospects?"

"No, sir. I can only say that in recalling the sensations of that hour,

I am certain my own movement was not the result of any I saw him take.

The instinct to leave the place had its birth in my own breast."

"I told you so," commented Hickory, in the ear of Byrd. "She is not

going to give herself away, whatever happens."

"But can you positively say he did not make the first motion to leave?"

"No, sir."

Mr. Ferris bowed, turned toward the opposing counsel and said:

"The witness is yours."

Mr. Ferris sat down perfectly satisfied. He had dexterously brought out

Imogene's suspicions of the prisoner's guilt, and knew that the jury

must be influenced in their convictions by those of the woman who, of

all the world, ought to have believed, if she could, in the innocence of

her lover. He did not even fear the cross-examination which he expected

to follow. No amount of skill on the part of Orcutt could extract other

than the truth, and the truth was that Imogene believed the prisoner to

be the murderer of his aunt. He, therefore, surveyed the court-room with

a smile, and awaited the somewhat slow proceedings of his opponent with

equanimity.

But, to the surprise of every one, Mr. Orcutt, after a short

consultation with the prisoner, rose and said he had no questions to put

to the witness.

And Miss Dare was allowed to withdraw from the stand, to the great

satisfaction of Mr. Ferris, who found himself by this move in a still

better position than he had anticipated.

"Byrd," whispered Hickory, as Miss Dare returned somewhat tremulously to

her former seat among the witnesses--"Byrd, you could knock me over with

a feather. I thought the defence would have no difficulty in riddling

this woman's testimony, and they have not even made the effort. Can it

be that Orcutt has such an attachment for her that he is going to let

his rival hang?"

"No. Orcutt isn't the man to deliberately lose a case for any woman. He

looks at Miss Dare's testimony from a different standpoint than you do.

He believes what she says to be true, and you do not."

"Then, all I've got to say, 'So much the worse for Mansell!'" was the

whispered response. "He was a fool to trust his case to that man."

The judge, the jury, and all the by-standers in court, it must be

confessed, shared the opinion of Hickory--Mr. Orcutt was standing on

slippery ground.

XXIX.

THE OPENING OF THE DEFENCE.

Excellent! I smell a device.--TWELFTH NIGHT.

LATE that afternoon the prosecution rested. It had made out a case of

great strength and seeming impregnability. Favorably as every one was

disposed to regard the prisoner, the evidence against him was such that,

to quote a man who was pretty free with his opinions in the lobby of the

court-room: "Orcutt will have to wake up if he is going to clear his man

in face of facts like these."

The moment, therefore, when this famous lawyer and distinguished

advocate rose to open the defence, was one of great interest to more

than the immediate actors in the scene. It was felt that hitherto he had

rather idled with his case, and curiosity was awake to his future

course. Indeed, in the minds of many the counsel for the prisoner was on

trial as well as his client.

He rose with more of self-possession, quiet and reserved strength, than

could be hoped for, and his look toward the Court and then to the jury

tended to gain for him the confidence which up to this moment he seemed

to be losing. Never a handsome man or even an imposing one, he had the

advantage of always rising to the occasion, and whether pleading with a

jury or arguing with opposing counsel, flashed with that unmistakable

glitter of keen and ready intellect which, once observed in a man, marks

him off from his less gifted fellows and makes him the cynosure of all

eyes, however insignificant his height, features, or ordinary

expression.

To-day he was even cooler, more brilliant, and more confident in his

bearing than usual. Feelings, if feelings he possessed--and we who have

seen him at his hearth can have no doubt on this subject,--had been set

aside when he rose to his feet and turned his face upon the expectant

crowd before him. To save his client seemed the one predominating

impulse of his soul, and, as he drew himself up to speak, Mr. Byrd, who

was watching him with the utmost eagerness and anticipation, felt that,

despite appearances, despite evidence, despite probability itself, this

man was going to win his case.

"May it please your Honor and Gentlemen of the Jury," he began, and

those who looked at him could not but notice how the prisoner at his

side lifted his head at this address, till it seemed as if the words

issued from his lips instead of from those of his counsel, "I stand

before you to-day not to argue with my learned opponent in reference to

the evidence which he has brought out with so much ingenuity. I have a

simpler duty than that to perform. I have to show you how, in spite of

this evidence, in face of all this accumulated testimony showing the

prisoner to have been in possession of both motive and opportunities

for committing this crime, he is guiltless of it; that a physical

impossibility stands in the way of his being the assailant of the Widow

Clemmens, and that to whomever or whatsoever her death may be due, it

neither was nor could have been the result of any blow struck by the

prisoner's hand. In other words, we dispute, not the facts which have

led the Prosecuting Attorney of this district, and perhaps others also,

to infer guilt on the part of the prisoner,"--here Mr. Orcutt cast a

significant glance at the bench where the witnesses sat,--"but the

inference itself. Something besides proof of motive and opportunity must

be urged against _this_ man in order to convict him of guilt. Nor is it

sufficient to show he was on the scene of murder some time during the

fatal morning when Mrs. Clemmens was attacked; you must prove he was

there at the time the deadly blow was struck; for it is not with him as

with so many against whom circumstantial evidence of guilt is brought.

_This_ man, gentlemen, has an answer for those who accuse him of

crime--an answer, too, before which all the circumstantial evidence in

the world cannot stand. Do you want to know what it is? Give me but a

moment's attention and you shall hear."

Expectation, which had been rising through this exordium, now stood at

fever-point. Byrd and Hickory held their breaths, and even Miss Dare

showed feeling through the icy restraint which had hitherto governed her

secret anguish and suspense. Mr. Orcutt went on:

"First, however, as I have already said, the prisoner desires it to be

understood that he has no intention of disputing the various facts which

have been presented before you at this trial. He does not deny that he

was in great need of money at the time of his aunt's death; that he came

to Sibley to entreat her to advance to him certain sums he deemed

necessary to the furtherance of his plans; that he came secretly and in

the roundabout way you describe. Neither does he refuse to allow that

his errand was also one of love, that he sought and obtained a private

interview with the woman he wished to make his wife, in the place and at

the time testified to; that the scraps of conversation which have been

sworn to as having passed between them at this interview are true in as

far as they go, and that he did place upon the finger of Miss Dare a

diamond ring. Also, he admits that she took this ring off immediately

upon receiving it, saying she could not accept it, at least not then,

and that she entreated him to take it back, which he declined to do,

though he cannot say she did not restore it in the manner she declares,

for he remembers nothing of the ring after the moment he put her hand

aside as she was offering it back to him. The prisoner also allows that

he slept in the hut and remained in that especial region of the woods

until near noon the next day; but, your Honor and Gentlemen of the Jury,

what the prisoner does not allow and will not admit is that he struck

the blow which eventually robbed Mrs. Clemmens of her life, and the

proof which I propose to bring forward in support of this assertion is

this:

"Mrs. Clemmens received the blow which led to her death at some time

previously to three minutes past twelve o'clock on Tuesday, September

26th. This the prosecution has already proved. Now, what I propose to

show is, that Mrs. Clemmens, however or whenever assailed, was still

living and unhurt up to ten minutes before twelve on that same day. A

witness, whom you must believe, saw her at that time and conversed with

her, proving that the blow by which she came to her death must have

occurred after that hour, that is, after ten minutes before noon. But,

your Honor and Gentlemen of the Jury, the prosecution has already shown

that the prisoner stepped on to the train at Monteith Quarry Station at

twenty minutes past one of that same day, and has produced witnesses

whose testimony positively proves that the road he took there from Mrs.

Clemmens' house was the same he had traversed in his secret approach to

it the day before--viz., the path through the woods; the only path, I

may here state, that connects those two points with any thing like

directness.

"But, Sirs, what the prosecution has not shown you, and what it now

devolves upon me to show, is that this path which the prisoner is

allowed to have taken is one which no man could traverse without

encountering great difficulties and many hindrances to speed. It is not

only a narrow path filled with various encumbrances in the way of

brambles and rolling stones, but it is so flanked by an impenetrable

undergrowth in some places, and by low, swampy ground in others, that no

deviation from its course is possible, while to keep within it and

follow its many turns and windings till it finally emerges upon the

highway that leads to the Quarry Station would require many more minutes

than those which elapsed between the time of the murder and the hour the

prisoner made his appearance at the Quarry Station. In other words, I

propose to introduce before you as witnesses two gentlemen from New

York, both of whom are experts in all feats of pedestrianism, and who,

having been over the road themselves, are in position to testify that

the time necessary for a man to pass by means of this path from Mrs.

Clemmens' house to the Quarry Station is, by a definite number of

minutes, greater than that allowed to the prisoner by the evidence laid

before you. If, therefore, you accept the testimony of the prosecution

as true, and believe that the prisoner took the train for Buffalo, which

he has been said to do, it follows, as a physical impossibility, for him

to have been at Mrs. Clemmens' cottage, or anywhere else except on the

road to the station, at the moment when the fatal blow was dealt.

"Your Honor, this is our answer to the terrible charge which has been

made against the prisoner; it is simple, but it is effective, and upon

it, as upon a rock, we found our defence."

And with a bow, Mr. Orcutt sat down, and, it being late in the day, the

court adjourned.

XXX.

BYRD USES HIS PENCIL AGAIN.

Ay, sir, you shall find me reasonable; if it be

so, I shall do that that is reason.--MERRY WIVES

OF WINDSOR.

"BYRD, you look dazed."

"I am."

Hickory paused till they were well clear of the crowd that was pouring

from the court-room; then he said:

"Well, what do you think of this as a defence?"

"I am beginning to think it is good," was the slow, almost hesitating,

reply.

"Beginning to think?"

"Yes. At first it seemed puerile. I had such a steadfast belief in

Mansell's guilt, I could not give much credit to any argument tending to

shake me loose from my convictions. But the longer I think of it the

more vividly I remember the difficulties of the road he had to take in

his flight. I have travelled it myself, you remember, and I don't see

how he could have got over the ground in ninety minutes."

Hickory's face assumed a somewhat quizzical expression.

"Byrd," said he, "whom were you looking at during the time Mr. Orcutt

was making his speech?"

"At the speaker, of course."

"Bah!"

"Whom were _you_ looking at?"

"At the person who would be likely to give me some return for my pains."

"The prisoner?"

"No."

"Whom, then?"

"Miss Dare."

Byrd shifted uneasily to the other side of his companion.

"And what did you discover from her, Hickory?" he asked.

"Two things. First, that she knew no more than the rest of us what the

defence was going to be. Secondly, that she regarded it as a piece of

great cleverness on the part of Orcutt, but that she didn't believe in

it anymore--well, any more than I do."

"Hickory!"

"Yes, _sir_! Miss Dare is a smart woman, and a resolute one, and could

have baffled the penetration of all concerned if she had only remembered

to try. But she forgot that others might be more interested in making

out what was going on in her mind at this critical moment than in

watching the speaker or noting the effect of his words upon the court.

In fact, she was too eager herself to hear what he had to say to

remember her _role_, I fancy."

"But, I don't see----" began Byrd.

"Wait," interrupted the other. "You believe Miss Dare loves Craik

Mansell?"

"Most certainly," was the gloomy response.

"Very well, then. If she had known what the defence was going to be she

would have been acutely alive to the effect it was going to have upon

the jury. That would have been her first thought and her only thought

all the time Mr. Orcutt was speaking, and she would have sat with her

eyes fixed upon the men upon whose acceptance or non-acceptance of the

truth of this argument her lover's life ultimately depended. But no; her

gaze, like yours, remained fixed upon Mr. Orcutt, and she scarcely

breathed or stirred till he had fully revealed what his argument was

going to be. Then----"

"Well, then?"

"Instead of flashing with the joy of relief which any devoted woman

would experience who sees in this argument a proof of her lover's

innocence, she merely dropped her eyes and resumed her old mask of

impassiveness."

"From all of which you gather----"

"That her feelings were not those of relief, but doubt. In other words,

that the knowledge she possesses is of a character which laughs to scorn

any such subterfuge of defence as Orcutt advances."

"Hickory," ventured Byrd, after a long silence, "it is time we

understood each other. What is your secret thought in relation to Miss

Dare?"

"My secret thought? Well," drawled the other, looking away, "I think

she knows more about this crime than she has yet chosen to reveal."

"More than she evinced to-day in her testimony?"

"Yes."

"I should like to know why you think so. What special reasons have you

for drawing any such conclusions?"

"Well, one reason is, that she was no more shaken by the plausible

argument advanced by Mr. Orcutt. If her knowledge of the crime was

limited to what she acknowledged in her testimony, and her conclusions

as to Mansell's guilt were really founded upon such facts as she gave us

in court to-day, why didn't she grasp at the possibility of her lover's

innocence which was held out to her by his counsel? No facts that she

had testified to, not even the fact of his ring having been found on the

scene of murder, could stand before the proof that he left the region of

Mrs. Clemmens' house before the moment of assault; yet, while evincing

interest in the argument, and some confidence in it, too, as one that

would be likely to satisfy the jury, she gave no tokens of being

surprised by it into a reconsideration of her own conclusions, as must

have happened if she told the truth, the whole truth, and nothing but

the truth, when she was on the stand to-day."

"I see," remarked Byrd, "that you are presuming to understand Miss Dare

after all."

Hickory smiled.

"You call this woman a mystery," proceeded Byrd; "hint at great

possibilities of acting on her part, and yet in a moment, as it were,

profess yourself the reader of her inmost thoughts, and the interpreter

of looks and expressions she has manifestly assumed to hide those

thoughts."

Hickory's smile broadened into a laugh.

"Just so," he cried. "One's imbecility has to stop somewhere." Then, as

he saw Byrd look grave, added: "I haven't a single fact at my command

that isn't shared by you. My conclusions are different, that is all."

Horace Byrd did not answer. Perhaps if Hickory could have sounded his

thoughts he would have discovered that their conclusions were not so far

apart as he imagined.

"Hickory," Byrd at last demanded, "what do you propose to do with your

conclusions?"

"I propose to wait and see if Mr. Orcutt proves his case. If he don't, I

have nothing more to say; but if he does, I think I shall call the

attention of Mr. Ferris to one question he has omitted to ask Miss

Dare."

"And what is that?"

"Where she was on the morning of Mrs. Clemmens' murder. You remember you

took some interest in that question yourself a while ago."

"But----"

"Not that I think any thing will come of it, only my conscience will be

set at rest."

"Hickory,"--Byrd's face had quite altered now--"where do you think Miss

Dare was at that time?"

"Where do I think she was?" repeated Hickory.

"Well, I will tell you. I think she was _not_ in Professor Darling's

observatory."

"Do you think she was in the glade back of Widow Clemmens' house?"

"Now you ask me conundrums."

"Hickory!" Byrd spoke almost violently, "Mr. Orcutt shall not prove his

case."

"No?"

"I will make the run over the ground supposed to have been taken by

Mansell in his flight, and show in my own proper person that it can be

done in the time specified."

Hickory's eye, which had taken a rapid survey of his companion's form

during the utterance of the above, darkened, then he slowly shook his

head.

"You couldn't," he rejoined laconically. "Too little staying power;

you'd give out before you got clear of the woods. Better delegate the

job to me."

"To you?"

"Yes. I'm of the make to stand long runs; besides I am no novice at

athletic sports of any kind. More than one race has owed its interest to

the efforts of your humble servant. 'Tis my pet amusement, you see, as

off-hand drawing is yours, and is likely to be of as much use to me,

eh?"

"Hickory, you are chaffing me."

"Think so? Do you see that five-barred gate over there? Well, now keep

your eye on the top rail and see if I clear it without a graze or not."

"Stop!" exclaimed Mr. Byrd, "don't make a fool of yourself in the public

street. I'll believe you if you say you understand such things."

"Well, I do, and what is more, I'm an adept at them. If I can't make

that run in the time requisite to show that Mansell could have committed

the murder, and yet arrive at the station the moment he did, I don't

know of a chap who can."

"Hickory, do you mean to say you _will_ make this run?"

"Yes."

"With a conscientious effort to prove that Orcutt's scheme of defence is

false?"

"Yes."

"When?"

"To-morrow."

"While we are in court?"

"Yes."

Byrd turned square around, gave Hickory a look and offered his hand.

"You are a good fellow," he declared, "May luck go with you."

Hickory suddenly became unusually thoughtful.

"A little while ago," he reflected, "this fellow's sympathies were all

with Mansell; now he would risk my limbs and neck to have the man proved

guilty. He does not wish Miss Dare to be questioned again, I see."

"Hickory," resumed Byrd, a few minutes later, "Orcutt has not rested the

defence upon this one point without being very sure of its being

unassailable."

"I know that."

"He has had more than one expert make that run during the weeks that

have elapsed since the murder. It has been tested to the uttermost."

"I know _that_."

"If you succeed then in doing what none of these others have, it must be

by dint of a better understanding of the route you have to take and the

difficulties you will have to overcome. Now, do you understand the

route?"

"I think so."

"You will have to start from the widow's door, you know?"

"Certain."

"Cross the bog, enter the woods, skirt the hut--but I won't go into

details. The best way to prove you know exactly what you have to do is

to see if you can describe the route yourself. Come into my room, old

fellow, and let us see if you can give me a sufficiently exact account

of the ground you will have to pass over, for me to draw up a chart by

it. An hour spent with paper and pencil to-night may save you from an

uncertainty to-morrow that would lose you a good ten minutes."

"Good! that's an idea; let's try it," rejoined Hickory.

And being by this time at the hotel, they went in. In another moment

they were shut up in Mr. Byrd's room, with a large sheet of foolscap

before them.

"Now," cried Horace, taking up a pencil, "begin with your description,

and I will follow with my drawing."

"Very well," replied Hickory, setting himself forward in a way to watch

his colleague's pencil. "I leave the widow's house by the dining-room

door--a square for the house, Byrd, well down in the left-hand corner of

the paper, and a dotted line for the path I take,--run down the yard to

the fence, leap it, cross the bog, and make straight for the woods."

"Very good," commented Byrd, sketching rapidly as the other spoke.

"Having taken care to enter where the trees are thinnest, I find a path

along which I rush in a bee-line till I come to the glade--an ellipse

for the glade, Byrd, with a dot in it for the hut. Merely stopping to

dash into the hut and out again----"

"Wait!" put in Byrd, pausing with his pencil in mid-air; "what did you

want to go into the hut for?"

"To get the bag which I propose to leave there to-night."

"Bag?"

[Illustration: (Page 364)]

"Yes; Mansell carried a bag, didn't he? Don't you remember what the

station-master said about the curious portmanteau the fellow had in

his hand when he came to the station?"

"Yes, but----"

"Byrd, if I run that fellow to his death it must be fairly. A man with

an awkward bag in his hand cannot run like a man without one. So I

handicap myself in the same way he did, do you see?"

"Yes."

"Very well, then; I rush into the hut, pick up the bag, carry it out,

and dash immediately into the woods at the opening behind the hut.--What

are you doing?"

"Just putting in a few landmarks," explained Byrd, who had run his

pencil off in an opposite direction. "See, that is the path to West Side

which I followed in my first expedition through the woods--the path,

too, which Miss Dare took when she came to the hut at the time of the

fearful thunderstorm. And wait, let me put in Professor Darling's house,

too, and the ridge from which you can see Mrs. Clemmens' cottage. It

will help us to understand----"

"What?" cried Hickory, with quick suspiciousness, as the other paused.

But Byrd, impatiently shaking his head, answered:

"The whole situation, of course." Then, pointing hastily back to the

hut, exclaimed: "So you have entered the woods again at this place? Very

well; what then?"

"Well, then," resumed Hickory, "I make my way along the path I find

there--run it at right angles to the one leading up to the glade--till

I come to a stony ledge covered with blackberry bushes. (A very cleverly

drawn blackberry patch that, Byrd.) Here I fear I shall have to pause."

"Why?"

"Because, deuce take me if I can remember where the path runs after

that."

"But I can. A big hemlock-tree stands just at the point where the woods

open again. Make for that and you will be all right."

"Good enough; but it's mighty rough travelling over that ledge, and I

shall have to go at a foot's pace. The stones are slippery as glass, and

a fall would scarcely be conducive to the final success of my scheme."

"I will make the path serpentine."

"That will be highly expressive."

"And now, what next?"

"The Foresters' Road, Byrd, upon which I ought to come about this time.

Run it due east and west--not that I have surveyed the ground, but it

looks more natural so--and let the dotted line traverse it toward the

right, for that is the direction in which I shall go."

"It's done," said Byrd.

"Well, description fails me now. All I know is, I come out on a hillside

running straight down to the river-bank and that the highway is visible

beyond, leading directly to the station; but the way to get to it----"

"I will show you," interposed Byrd, mapping out the station and the

intervening river with a few quick strokes of his dexterous pencil. "You

see this point where you issue from the woods? Very good; it is, as you

say, on a hillside overlooking the river. Well, it seems unfortunate,

but there is no way of crossing that river at this point. The falls

above and below make it no place for boats, and you will have to go back

along its banks for some little distance before you come to a bridge.

But there is no use in hesitating or looking about for a shorter path.

The woods just here are encumbered with a mass of tangled undergrowth

which make them simply impassable except as you keep in the road, while

the river curves so frequently and with so much abruptness--see, I will

endeavor to give you some notion of it here--that you would only waste

time in attempting to make any short cuts. But, once over the

bridge----"

"I have only to foot it," burst in Hickory, taking up the sketch which

the other had now completed, and glancing at it with a dubious eye. "Do

you know, Byrd," he remarked in another moment, "that it strikes me

Mansell did not take this roundabout road to the station?"

"Why?"

"Because it _is_ so roundabout, and he is such a clearheaded fellow.

Couldn't he have got there by some shorter cut?"

"No. Don't you remember how Orcutt cross-examined the station-master

about the appearance which Mansell presented when he came upon the

platform, and how that person was forced to acknowledge that, although

the prisoner looked heated and exhausted, his clothes were neither

muddied nor torn? Now, I did not think of it at the time, but this was

done by Orcutt to prove that Mansell did take the road I have jotted

down here, since any other would have carried him through swamps

knee-deep with mud, or amongst stones and briers which would have put

him in a state of disorder totally unfitting him for travel."

"That is so," acquiesced Hickory, after a moment's thought. "Mansell

must be kept in the path. Well, well, we will see to-morrow if wit and a

swift foot can make any thing out of this problem."

"Wit? Hickory, it _will_ be wit and not a swift foot. Or luck, maybe I

should call it, or rather providence. If a wagon should be going along

the highway, now----"

"Let me alone for availing myself of it," laughed Hickory. "Wagon! I

would jump on the back of a mule sooner than lose the chance of gaining

a minute on these experts whose testimony we are to hear to-morrow.

Don't lose confidence in old Hickory yet. He's the boy for this job if

he isn't for any other."

And so the matter was settled.

XXXI.

THE CHIEF WITNESS FOR THE DEFENCE.

Your _If_ is the only peace-maker; much virtue in _If_.--AS YOU

LIKE IT.

THE crowd that congregated at the court-house the next morning was even

greater than at any previous time. The opening speech of Mr. Orcutt had

been telegraphed all over the country, and many who had not been

specially interested in the case before felt an anxiety to hear how he

would substantiate the defence he had so boldly and confidently put

forth.

To the general eye, however, the appearance of the court-room was much

the same as on the previous day. Only to the close observer was it

evident that the countenances of the several actors in this exciting

drama wore a different expression. Mr. Byrd, who by dint of the most

energetic effort had succeeded in procuring his old seat, was one of

these, and as he noted the significant change, wished that Hickory had

been at his side to note it with him.

The first person he observed was, naturally, the Judge.

Judge Evans, who has been but barely introduced to the reader, was a man

of great moral force and discretion. He had occupied his present

position for many years, and possessed not only the confidence but the

affections of those who came within the sphere of his jurisdiction. The

reason for this undoubtedly lay in his sympathetic nature. While never

accused of weakness, he so unmistakably retained the feeling heart under

the official ermine that it was by no means an uncommon thing for him to

show more emotion in uttering a sentence than the man he condemned did

in listening to it.

His expression, then, upon this momentous morning was of great

significance to Mr. Byrd. In its hopefulness and cheer was written the

extent of the effect made upon the unprejudiced mind by the promised

defence.

As for Mr. Orcutt himself, no advocate could display a more confident

air or prepare to introduce his witnesses with more dignity or quiet

assurance. His self-possession was so marked, indeed, that Mr. Byrd, who

felt a sympathetic interest in what he knew to be seething in this man's

breast, was greatly surprised, and surveyed, with a feeling almost akin

to awe, the lawyer who could so sink all personal considerations in the

cause he was trying.

Miss Dare, on the contrary, was in a state of nervous agitation. Though

no movement betrayed this, the very force of the restraint she put upon

herself showed the extent of her inner excitement.

The prisoner alone remained unchanged. Nothing could shake his steady

soul from its composure, not the possibility of death or the prospect of

release. He was absolutely imposing in his quiet presence, and Mr. Byrd

could not but admire the power of the man even while recoiling from his

supposed guilt.

The opening of the defence carried the minds of many back to the

inquest. The nice question of time was gone into, and the moment when

Mrs. Clemmens was found lying bleeding and insensible at the foot of her

dining-room clock, fixed at three or four minutes past noon. The next

point to be ascertained was when she received the deadly blow.

And here the great surprise of the defence occurred. Mr. Orcutt rose,

and in clear, firm tones said:

"Gouverneur Hildreth, take the stand."

Instantly, and before the witness could comply, Mr. Ferris was on his

feet.

"Who? what?" he cried.

"Gouverneur Hildreth," repeated Mr. Orcutt.

"Did you know this gentleman has already been in custody upon suspicion

of having committed the crime for which the prisoner is now being

tried?"

"I do," returned Mr. Orcutt, with imperturbable _sang froid_.

"And is it your intention to save your client from the gallows by

putting the halter around the neck of the man you now propose to call as

a witness?"

"No," retorted Mr. Orcutt; "_I_ do not propose to put the halter about

any man's neck. That is the proud privilege of my learned and respected

opponent."

With an impatient frown Mr. Ferris sat down, while Mr. Hildreth, who

had taken advantage of this short passage of arms between the lawyers to

retain his place in the remote corner where he was more or less shielded

from the curiosity of the crowd, rose, and, with a slow and painful

movement that at once attracted attention to his carefully bandaged

throat and the general air of debility which surrounded him, came

hesitatingly forward and took his stand in face of the judge and jury.

Necessarily a low murmur greeted him from the throng of interested

spectators who saw in this appearance before them of the man who, by no

more than a hair's-breadth, had escaped occupying the position of the

prisoner, another of those dramatic incidents with which this trial

seemed fairly to bristle.

It was hushed by one look from the Judge, but not before it had awakened

in Mr. Hildreth's weak and sensitive nature those old emotions of shame

and rage whose token was a flush so deep and profuse it unconsciously

repelled the gaze of all who beheld it. Immediately Mr. Byrd, who sat

with bated breath, as it were, so intense was his excitement over the

unexpected turn of affairs, recognized the full meaning of the

situation, and awarded to Mr. Orcutt all the admiration which his skill

in bringing it about undoubtedly deserved. Indeed, as the detective's

quick glance flashed first at the witness, cringing in his old

unfortunate way before the gaze of the crowd, and then at the prisoner

sitting unmoved and quietly disdainful in his dignity and pride, he

felt that, whether Mr. Orcutt succeeded in getting all he wished from

his witness, the mere conjunction of these two men before the jury, with

the opportunity for comparison between them which it inevitably offered,

was the master-stroke of this eminent lawyer's legal career.

Mr. Ferris seemed to feel the significance of the moment also, for his

eyes fell and his brow contracted with a sudden doubt that convinced Mr.

Byrd that, mentally, he was on the point of giving up his case.

The witness was at once sworn.

"Orcutt believes Hildreth to be the murderer, or, at least, is willing

that others should be impressed with this belief," was the comment of

Byrd to himself at this juncture.

He had surprised a look which had passed between the lawyer and Miss

Dare--a look of such piercing sarcasm and scornful inquiry that it might

well arrest the detective's attention and lead him to question the

intentions of the man who could allow such an expression of his feelings

to escape him.

But whether the detective was correct in his inferences, or whether Mr.

Orcutt's glance at Imogene meant no more than the natural emotion of a

man who suddenly sees revealed to the woman he loves the face of him for

whose welfare she has expressed the greatest concern and for whose sake,

while unknown, she has consented to make the heaviest of sacrifices, the

wary lawyer was careful to show neither scorn nor prejudice when he

turned toward the witness and began his interrogations.

On the contrary, his manner was highly respectful, if not considerate,

and his questions while put with such art as to keep the jury constantly

alert to the anomalous position which the witness undoubtedly held, were

of a nature mainly to call forth the one fact for which his testimony

was presumably desired. This was, his presence in the widow's house on

the morning of the murder, and the fact that he saw her and conversed

with her and could swear to her being alive and unhurt up to a few

minutes before noon. To be sure, the precise minute of his leaving her

in this condition Mr. Orcutt failed to gather from the witness, but,

like the coroner at the inquest, he succeeded in eliciting enough to

show that the visit had been completed prior to the appearance of the

tramp at the widow's kitchen-door, as it had been begun after the

disappearance of the Danton children from the front of the widow's

house.

This fact being established and impressed upon the jury, Mr. Orcutt with

admirable judgment cut short his own examination of the witness, and

passed him over to the District Attorney, with a grim smile, suggestive

of his late taunt, that to this gentleman belonged the special privilege

of weaving halters for the necks of unhappy criminals.

Mr. Ferris who understood his adversary's tactics only too well, but who

in his anxiety for the truth could not afford to let such an

opportunity for reaching it slip by, opened his cross-examination with

great vigor.

The result could not but be favorable to the defence and damaging to the

prosecution. The position which Mr. Hildreth must occupy if the prisoner

was acquitted, was patent to all understandings, making each and every

admission on his part tending to exculpate the latter, of a manifest

force and significance.

Mr. Ferris, however, was careful not to exceed his duty or press his

inquiries beyond due bounds. The man they were trying was not Gouverneur

Hildreth but Craik Mansell, and to press the witness too close, was to

urge him into admissions seemingly so damaging to himself as, in the

present state of affairs, to incur the risk of distracting attention

entirely from the prisoner.

Mr. Hildreth's examination being at an end, Mr. Orcutt proceeded with

his case, by furnishing proof calculated to fix the moment at which Mr.

Hildreth had made his call. This was done in much the same way as it was

at the inquest. Mrs. Clemmens' next-door neighbor, Mrs. Danton, was

summoned to the stand, and after her her two children, the testimony of

the three, taken with Mr. Hildreth's own acknowledgments, making it very

evident to all who listened that he could not have gone into Mrs.

Clemmens' house before a quarter to twelve.

The natural inference followed. Allowing the least possible time for his

interview with Mrs. Clemmens, the moment at which the witness swore to

having seen her alive and unhurt must have been as late as ten minutes

before noon.

Taking pains to impress this time upon the jury, Mr. Orcutt next

proceeded to fix the moment at which the prisoner arrived at Monteith

Quarry Station. As the fact of his having arrived in time to take the

afternoon train to Buffalo had been already proved by the prosecution,

it was manifestly necessary only to determine at what hour the train was

due, and whether it had come in on time.

The hour was ascertained, by direct consultation with the road's

time-table, to be just twenty minutes past one, and the station-master

having been called to the stand, gave it as his best knowledge and

belief that the train had been on time.

This, however, not being deemed explicit enough for the purposes of the

defence, there was submitted to the jury a telegram bearing the date of

that same day, and distinctly stating that the train was on time. This

was testified to by the conductor of the train as having been sent by

him to the superintendent of the road who was awaiting the cars at

Monteith; and was received as evidence and considered as conclusively

fixing the hour at which the prisoner arrived at the Quarry Station as

twenty minutes past one.

This settled, witnesses were called to testify as to the nature of the

path by which he must have travelled from the widow's house to the

station. A chart similar to that Mr. Byrd had drawn, but more explicit

and nice in its details, was submitted to the jury by an actual surveyor

of the ground; after which, and the establishment of other minor details

not necessary to enumerate here, a man of well-known proficiency in

running and other athletic sports, was summoned to the stand.

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