MAINWARING VS. MAINWARING
The case of Mainwaring versus Mainwaring had been set for the opening
of the December term of court, being the first case on the docket.
The intervening weeks, crowded with preparation for the coming
litigation, had passed, and now, on the eve of the contest, each side
having marshalled its forces, awaited the beginning of the fray, each
alike confident of victory and each alike little dreaming of the end.
From near and far was gathered an array of legal talent as well as of
expert testimony seldom equalled, all for the purpose of determining
the validity or invalidity of a bit of paper-yellow with age,
time-worn and musty which stood as an insurmountable barrier between
Ralph Mainwaring and the fulfilment of his long cherished project.
The Fair Oaks tragedy still remained as deep a mystery as on the
morning when, in all its horror of sickening detail, it had startled
and shocked the entire community. No trace of the murderer had been
as yet reported, and even Mr. Whitney had been forced to acknowledge
in reply to numerous inquiries that he had of late received no
tidings whatever from Merrick, either of success or failure.
Since the announcement of Harold Mainwaring at the club that he
would not touch a farthing of the Mainwaring estate until not only
his own name should be cleared of the slightest imputation of murder,
but until the murder itself should be avenged, it had been rumored
that the party at the Waldorf was in possession of facts containing
the clue to the whole mystery. Though this was mere conjecture, it
was plainly evident that whatever secrets that party held in its
possession were not likely to be divulged before their time. The
party had been augmented by the arrival of the senior member of the
firm of Barton & Barton, while the register of the Waldorf showed at
that time numerous other arrivals from London, all of whom proved to
be individuals of a severely judicial appearance and on extremely
intimate terms with the original Waldorf party. Of the business of
the former, however, or the movements of the latter, nothing definite
could be learned. Despatches in cipher still flashed daily over the
wires, but their import remained a matter of the merest surmise to
the curious world outside.
Ralph Mainwaring, on the contrary, since the arrival of his London
attorneys, Upham and Blackwell, with Graham, the well-known
chirographical expert, had seized every opportunity for rendering
himself and them as conspicuous as possible, while his boasts of
their well-laid plans, the strong points in their case, and their
ultimate triumph, formed his theme on all occasions. Mr. Whitney's
position at this time was not an enviable one, for Ralph Mainwaring,
having of late become dimly conscious of a lack of harmony between
himself and his New York attorney, took special delight in frequently
flouting his opinions and advice in the presence of the English
solicitors; but that gentleman, mindful of a rapidly growing account,
wisely pocketed his pride, and continued to serve his client with
the most urbane courtesy, soothing his wounded sensibilities with an
extra fee for every snub.
On the day prior to that set for the opening of the trial, among the
numerous equipages drawn up at one of the piers, awaiting an incoming
ocean-liner, was the Mainwaring carriage, containing, as usual, Ralph
Mainwaring, Upham and Blackwell, and Mr. Whitney. The carriage and
its occupants formed the centre of attraction to a considerable
portion of the crowd, until attention was suddenly diverted by the
sight of a stylish turnout in the shape of an elegant trap and a pair
of superb bays driven tandem, which passed the Mainwaring carriage
and took its position at some distance nearer the pier. Seated in
the trap were Harold Mainwaring and Hugh Mainwaring, junior. Their
appearance together at that particular time and place excited no
little wonder and comment, especially when, the gangplank having
been thrown down, the young men left the turnout in care of a
policeman and walked rapidly towards the hurrying stream of
passengers, followed more slowly by Ralph Mainwaring and his party.
All was explained a few moments later, as that embodiment of
geniality, William Mainwaring Thornton, loomed up in the crowd, his
daughter upon one arm, upon the other Miss Carleton, and accompanied
by Mrs. Hogarth and the usual retinue of attendants.
"Looks like a family reunion, by George!" exclaimed one of the
on-lookers, as a general exchange of greetings ensued, but to a
close observer it was evident that between some members of the
different parties the relations were decidedly strained. No so with
Mr. Thornton, however; his first greetings were for the young men.
"Well, well, Hugh, you contumacious young rascal! how are you? I
hear you've kicked over the traces and set the governor and his
sovereigns at defiance! Well, you've shown yourself a Mainwaring,
that's all I have to say! Here is a young lady, however, who is
waiting to give you a piece of her mind; you'll have to settle with
her."
"Papa!" exclaimed Edith Thornton in faint protest, her fair face
suffused with blushes as she came forward to meet her lover, while
her father turned towards Harold Mainwaring.
"Well, my dear sir," he said, extending his hand with the utmost
cordiality, "I am glad to meet you in your own proper sphere at
last; I always thought you were far too good looking for a secretary!
But, joking aside, my dear boy, let me assure you that as the son of
Harold Scott Mainwaring, one of the most royal fellows I ever knew,
I congratulate you and wish you success."
Deeply touched by Mr. Thornton's kindness and his allusion to his
father, the young man thanked him with considerable emotion.
"That is all right," the elder man responded heartily; "I was very
sorry not to have met you in London, but I heard the particulars of
your story from Winifred, and--well, I consider her a very
level-headed young woman, and I think you are to be congratulated
on that score also."
"No one is better aware of that fact than I," said the young man,
warmly, and passed on to meet the young ladies, while Mr. Thornton
turned to confront the frowning face of Ralph Mainwaring.
"Hello, Mainwaring! What's the matter? You look black as a
thunder-cloud! Did you have something indigestible for luncheon?"
"Matter enough I should say," growled the other, unsuccessfully
trying to ignore Mr. Thornton's outstretched hand, "to find you
hobnobbing with that blackguard!"
Mr. Thornton glanced over his shoulder at the young people with a
comical look of perplexity. "Well, you see how it is yourself,
Mainwaring: what is a fellow to do? This is a house divided against
itself, as it were, and no matter what my personal sentiments
towards you might be, I find myself forced to maintain a position
of strict neutrality."
"Neutrality be damned! you had better maintain better parental
government in your own family!"
"As you do in yours, for instance."
"You know very well," continued Ralph Mainwaring, flushing angrily,
"that if you had forbidden Edith marrying Hugh under present
conditions, he would have got down off his high horse very quickly."
"That is something I would never do," Mr. Thornton replied, calmly,
"for two reasons; first, I have never governed my daughter by direct
commands and prohibitions, and, second, I think just as much of Hugh
Mainwaring without his father's money as with it; more, if it is to
be accompanied with the conditions which you imposed."
"Then am I to understand," demanded the other, angrily, "that you
intend to go against me in this matter?"
"My dear Mainwaring," said Mr. Thornton, much as he would address a
petulant child, "this is all the merest nonsense. I am not going
against you, for I have no part in this contest; my position is
necessarily neutral; but if you want my opinion of the whole matter,
I will tell you frankly that I think, for once in your life, you
have bitten off more than you can swallow, and you will find it so
before long."
"Perhaps it might be just as well to reserve your opinion till it
is called for," the other answered, shortly.
"All right," returned Mr. Thornton, with imperturbable good humor;
"but any time that you want to wager a thousand or so on the outcome
of this affair, remember the money is ready for you!"
The conversation changed, but Ralph Mainwaring was far more
chagrined and annoyed than he would have acknowledged. Mr.
Thornton's words rang in his ears till they seemed an augury of
defeat, and, though outwardly as dogged and defiant as ever, he was
unable to banish them, or to throw off the strange sense of
depression which followed.
Meanwhile, amid the discordant elements surrounding them, Harold
Mainwaring and Winifred Carleton found little opportunity for any
but the most desultory conversation, but happily there was little
need for words between them. Heart can speak to heart through the
subtle magnetism of a hand-clasp, or the swift flash from eye to
eye, conveying meanings for which words often prove inadequate.
"You wrote that you were confident of victory, and your looks bear
it out," she said, 'with a radiant smile; "but I would have come
just the same, even had there been no hope of success for you."
"I need no assurance of your faith and loyalty," he replied, gazing
tenderly into her luminous eyes, "but your coming will make my
triumph ten times sweeter."
"Of course you will spend the evening with, us at our hotel,--uncle
cabled for apartments at the Savoy,--and I am all impatience to
learn whatever you are at liberty to tell me concerning your case,
for there must have been some wonderful developments in your favor
soon after your arrival in this country, you have seemed so much more
hopeful; and do not let me forget, I have something to show you which
will interest you. It is a written statement by Hugh Mainwaring
himself regarding this identical will that is causing all this
controversy."
"A statement of Hugh Mainwaring's!" Harold repeated in astonishment;
"how did it come into your possession?"
"That is the strangest part of it," she replied, hurriedly, for
they had now reached the carriages in waiting for them. "I received
it through the mail, from America, a few days before I left London,
and from--you cannot imagine whom--Mr. Merrick, the detective.
How he ever knew my address, or how he should surmise that I was
particularly interested in you," she blushed very prettily with
these words, "is more than I can understand, however."
"I think I can explain that part of it," said Harold, with a smile;
"but how such a statement ever came into his hands is a mystery to
me. I will see you this evening without fail," and, assisting Miss
Carleton into the carriage, he bade her au revoir, and hastened to
rejoin young Mainwaring.
That evening witnessed rather a novel reception in the private
parlors of the Savoy; both parties to the coming contest being
entertained by their mutual friends. When Harold Mainwaring finally
succeeded in securing a tete-a-tete conversation with Miss Carleton,
she placed in his hands a small packet, saying,--
"You will find in this the statement of which I spoke to you, and
I wish you would also read the accompanying note, and explain how
the writer came to have so good an understanding of the situation."
With eager haste he drew forth a sheet of paper little less time-worn
and yellowed than the ancient will itself, upon which was written,
in the methodical business hand with which he was so familiar, a
brief statement to the effect that a certain accompanying document
described as the last will and testament of Ralph Maxwell Mainwaring
had been drawn and executed as such on the night preceding his
death, its intent and purpose being to reconvey to an elder son the
family estate, to which he had previously forfeited all right and
title; that efforts made to communicate with the beneficiary had
proved unavailing, as he had left the country and his place of
residence was unknown. Then followed Hugh Mainwaring's signature.
At the bottom of the page, however, was a foot-note of much later
date, which put a different complexion on the foregoing, and which
read as follows:
"It has now been ascertained for a certainty that the beneficiary
mentioned in the accompanying will is no longer living. I have,
therefore, a clear title to the estate, as it would revert to me at
his death. The document itself is worthless, except as a possible
means of silencing that scoundrel, Hobson, should he attempt to
reveal anything of the past, as he has threatened to do, and for
this purpose I shall retain it in my possession until such time as
I make final adjustment of my affairs.
"HUGH MAINWARING."
"Ah," said Harold Mainwaring, thoughtfully, as he suddenly recalled
the morning when he had discovered Merrick and his assistant dragging
the lake at Fair Oaks, "I think I understand how this paper came
into Merrick's possession. It was evidently kept in the same
receptacle which held the will, but in my haste and excitement at
the discovery of the will I must have overlooked it. The box in
which these papers were kept afterwards fell into Merrick's hands,
and he must have found this."
"That solves one riddle, here is the other," and Miss Carleton
handed her lover a small note, covered with a fine, delicate
chirography whose perfectly formed characters revealed a mind
accustomed to the study of minute details and appreciative of their
significance. He opened it and read the following:
"MY DEAR MISS CARLETON:
"Pardon the liberty I take, but, thinking the enclosed bit of paper
might be of some possible assistance to one in whose success I
believe you are deeply interested, I send it herewith, as, for
obvious reasons, I deem this circuitous method of transmission
better than one more direct.
"As when taking leave of you on board the 'Campania,' so now, permit
me to assure you that if I can ever serve you as a friend, you have
but to command me.
"Most sincerely yours,
"C. D. MERRICK."
A smile of amusement lighted Harold Mainwaring's face as, glancing
up from the note, his eyes met those of Miss Carleton's with their
expression of perplexed inquiry.
"This is easily explained," he said; "do you remember the tall,
slender man whom we observed on board the 'Campania' as being rather
unsocial and taciturn?"
"Yes, I remember he rather annoyed me, for I fancied he concentrated
considerably more thought and attention upon us than the
circumstances called for."
"Which shows you were more observing than I. Such a thought never
entered my mind till I had been about ten days in London, when it
occurred to me that, considering the size of the town and the fact
that he and I were strangers, we met with astonishing frequency. I
have since learned that he was a detective sent over to London on
an important case, and being an intimate friend of Merrick's, the
latter, who, I am informed, was shadowing me pretty closely at the
time, requested him to follow my movements and report to him, which
he evidently did, as I have since heard that Merrick had expressed
to one or two that he was not at all surprised by the developments
which followed my return to this country. Consequently, it is not
to be wondered at if he has an inkling that you may be somewhat
interested in this case."
"But what could have been Mr. Merrick's object in shadowing you?"
"I cannot say. It may have been only part of his professional
vigilance in letting nothing escape his observation; but from the
first I was conscious of his close espionage of my movements. Now,
however, I am satisfied that he had none but friendly intentions,
and I appreciate his kindness, not only towards myself, but more
especially towards you."
"Will that statement be of any assistance to you, do you think?"
"I hardly think so under our present plans," he replied, after a
moment's reflection; "under recent developments our plans differ
so radically from what we first intended, that we will probably
have little use for any of the testimony which we had originally
prepared."
"But these recent developments which have so changed your plans
must certainly have been in your favor and have rendered your
success the more assured, have they not?"
"Not only more assured, but more speedy and complete. To me, the
coming trial means far more than the settlement of the controversy
over the estate; it means the complete and final vindication of my
character, so that I can stand before you and before the world
acquitted of every charge which my enemies would have sought to
bring against me."
Her face grew radiant with sympathy. "I well know what that means
to you, and I would be first to congratulate you on such a victory,
for your own sake; but I needed no public acquittal to convince me
of your innocence,--not even," she added, slowly, "when you yourself
for some reason, which I hope one day to understand, were unable to
assure me of it."
His dark eyes, glowing with suppressed feeling, met hers, the
intensity of their gaze thrilling her heart to its inmost depths.
"Do not think that I can ever forget that," he said in low tones
which seemed to vibrate through her whole being; "do not think that
through any triumphs or joys which the future may bring, I can ever
forget, for one moment, the faith and love which stood loyally by
me in my darkest hour,--the hour when the shadow of the crime,
which has forever darkened Fair Oaks, was closing about my very
soul!"
Startled at the sudden solemnity of his words and manner, she
remained silent, her eyes meeting his without a shade of doubt or
distrust, but full of wondering, tender inquiry, to which he
replied, while for an instant he laid his hand lightly and
caressingly on hers, "Only a few days longer, love, and I will tell
you all!"
On the morning of the following day a dense crowd awaited, at an
early hour, the opening of the December term of court; a crowd which
was steadily augmented till, when the case of Mainwaring versus
Mainwaring was called, every available seat was filled. All
parties to the suit were promptly on hand, and amid a silence
almost oppressive, proponent and contestant, with their counsel
and witnesses, passed down the long aisle to their respective
places.
Seldom had the old court-room, in its long and varied history,
held so imposing an array of legal talent as was assemble that
morning within its walls. The principal attorneys for the
contestant were Hunnewell & Whitney of New York, and the London
firm of Upham & Blackwell, while grouped about these were a number
of lesser luminaries, whose milder rays would sufficiently illumine
the minor points in the case. But at a glance it was clearly
evident that the galaxy of legal lights opposing them contained
only stars of the first magnitude. Most prominent among the latter
were Barton & Barton, of London, with Mr. Sutherland and his
life-long friend and coadjutor, M. D. Montague, with whom he had
never failed to take counsel in cases of special importance, all
men of superb physique and magnificent brains; while slightly in
the rear, as reinforcements, were the Hon. I. Ponsonby Roget, Q.C.,
another Q.C. whose name had not yet reached the public ear, and a
Boston jurist whose brilliant career had made his name famous
throughout the United States.
Prominent among the spectators were Mr. Scott and Mr. Thornton,
apparently on the best of terms, and watching proceedings with
demonstrations of the liveliest interest, while seated at a little
distance, less demonstrative, but no less interested, was young
Mainwaring, accompanied by Miss Thornton and Miss Carleton.
The first day was devoted to preliminaries, the greater part of
the time being consumed in the selection of a jury. One after
another of those impaneled was examined, challenged by one side or
the other, and dismissed; not until the entire panel had been
exhausted and several special venires issued, was there found the
requisite number sufficiently unprejudiced to meet the requirements
of the situation.
The remainder of the day was occupied by counsel for contestant in
making the opening statement. A review of the grounds upon which
the contest was based was first read by one of the assistant
attorneys, after which Mr. Whitney followed with a lengthy statement
which occupied nearly an hour. He reviewed in detail the
circumstances of the case, beginning with the death of Hugh
Mainwaring, and laying special stress upon his irreproachable
reputation. He stated that it would be shown to the jury that the
life of Hugh Mainwaring had been above suspicion, an irrefutable
argument against the charges of fraud and dishonesty which had been
brought against him by those who sought to establish the will in
contest. It would also be shown that the said document was a
forgery, the result of a prearranged plan, devised by those who had
been lifelong enemies of Hugh Mainwaring and the contestant, to
defraud the latter of his rights, and to obtain possession of the
Mainwaring estate; and that the transparency of the device in
bringing the so-called will to light at that particular time and
under those particular circumstances was only too plainly evident.
Mr. Whitney was warming with his subject, but at this juncture he
was peremptorily called to order by Mr. Sutherland, who stated that
he objected to counsel making an argument to the jury, when he
should confine himself simply to an opening statement. Mr. Whitney's
face flushed as a ripple of amusement ran through the courtroom, but
the objection was sustained, and, after a brief summary of what the
contestant proposed to show, he resumed his seat, and the court then
adjourned until the following morning.
The first testimony introduced on the following day was to establish
the unimpeachable honesty and integrity of the deceased Hugh
Mainwaring. Both Mr. Elliot and Mr. Chittenden were called to the
stand, and their examination--particularly the cross-examination,
in which a number of damaging admissions were made--occupied nearly
the entire forenoon; the remainder of the day being devoted to the
testimony of witnesses from abroad, introduced to show that for
years a bitter estrangement had existed between Frederick Mainwaring
Scott, the alleged foster-father of the proponent, and the members
of the Mainwaring family,--the deceased Hugh Mainwaring and the
contestant in particular; and also to show the implacable anger of
Ralph Maxwell Mainwaring against his elder son and the extreme
improbability of his ever relenting in his favor.
Day after day dragged slowly on, still taken up with the examination
of witnesses for contestant; examinations too tedious and monotonous
for repetition, but full of interest to the crowds which came and
went, increasing daily, till, on the days devoted to the expert
testimony, galleries and aisles were packed to overflowing, while
throngs of eager listeners gathered in the corridors about the
various exits.
It soon became evident that Ralph Mainwaring's oft repeated
assertions concerning the elaborate preparation he had made for the
coming contest were no idle boast. Nothing that human ingenuity
could devise had been left undone which could help to turn the
scale in his own favor. The original will of Ralph Maxwell
Mainwaring, by which his elder son was disinherited, was produced
and read in court. Both wills were photographed, and numerous
copies, minute in every detail, made, in order to show by comparison
the differences in their respective signatures. Under powerful
microscopes it was discovered that several pauses had been made in
the signature of the later will. Electric batteries were introduced
to show that the document had been steeped in coffee and tobacco
juice to give it the appearance of great age. Interesting chemical
experiments were performed, by which a piece of new paper was made
to look stained and spotted as if mildewed and musty, while by the
use of tiny files and needles, the edges, having first been slightly
scalloped, were grated and the paper punctured, till it presented
a very similar aspect to the will itself as though worn through at
the creases and frayed and tattered with age.
But the accumulation of this overwhelming mass of expert testimony
failed to make the impression upon counsel for proponent which had
been anticipated by the other side. Mr. Sutherland varied the
monotony of the direct examinations by frequent and pertinent
objections, while Barton & Barton took occasional notes, which were
afterwards passed to Sutherland and Montague, and by them used with
telling effect in the cross-examinations, but the faces of one and
all wore an expression inscrutable as that of the sphinx.
Only once was their equanimity disturbed by any ripple of agitation,
and then the incident was so little understood as to be soon
forgotten. As the third day of the trial was drawing to a close, a
despatch in cipher was handed Mr. Sutherland, which when translated
seemed to produce a startling effect upon its readers. Barton &
Barton exchanged glances and frowned heavily; Mr. Sutherland's
face for one brief moment showed genuine alarm, and Harold
Mainwaring, upon reading the slip of paper passed to him, grew pale.
A hurried consultation followed and Mr. Montague left the court-room.
On the following morning the papers announced that at 11 P.M. the
preceding night, the Victoria, the private car of the president of
one of the principal railway lines, with special engine attached,
had left for the West, evidently on business of great importance,
as everything on the road had been ordered side-tracked. It was
stated that no particulars could be ascertained, however, regarding
either her passengers or her destination, the utmost secrecy being
maintained by those on board, including even the trainmen. This
item, though attracting some attention, caused less comment than
did the fact that for the three days next ensuing, neither the
senior Mr. Barton nor Mr. Montague was present in court; but no one
suspected any connection between the two events, or dreamed that
the above gentlemen, with two of New York's most skilled surgeons,
were the occupants of the president's private car, then hastening
westward at almost lightning speed.
On the afternoon of the sixth day of the trial, as it became
apparent that the seemingly interminable evidence submitted by
contestant was nearly at an end, the eager impatience of the waiting
crowd could scarcely be restrained within the limits of order. A
change was noticeable also in the demeanor of proponent and his
counsel. For the two days preceding they had appeared as though
under some tension or suspense; now they seemed to exhibit almost
an indifference to the proceedings, as though the outcome of the
contest were already a settled fact, while a marked gravity
accompanied each word and gesture.
At last the contestant rested, and all eyes were fixed upon Mr.
Sutherland, as, after a brief pause, he rose to make, as was
supposed, his opening statement. Instead of addressing the jury,
however, he turned towards Judge Bingham.
"Your honor," he began, in slow, measured tones, "it now lacks but
little more than an hour of the usual time for adjournment, and
after the constant strain which has been put upon our nerves for
the past six days, I feel that none of us, including yourself, your
honor, are in a sufficiently receptive mood to listen to the
testimony which the proponent has to offer. In addition to this
is the fact that our most important witness is not present this
afternoon. I would therefore ask for an adjournment to be taken
until ten o'clock next Monday morning, at which time I will
guarantee your honor and the gentlemen of the jury that the
intricate and elaborate web of fine-spun theories which has been
presented will be swept away in fewer hours than the days which
have been required for its construction."
There was an attempt at applause, which was speedily checked, and
without further delay the court adjourned.
As judge, jury, and counsel took their respective places on the
following Monday at the hour appointed, the scene presented by the
old court-room was one never before witnessed in its history.
Every available inch of standing room, both on the main floor and
in the galleries, was taken; throngs were congregated about the
doorways, those in the rear standing on chairs and benches that
they might obtain a view over the heads of their more fortunate
neighbors, while even the recesses formed by the enormous windows
were packed with humanity, two rows deep, the outer row embracing
the inner one in its desperate efforts to maintain its equilibrium.
The opposing sides presented a marked contrast in their appearance
that morning. Ralph Mainwaring betrayed a nervous excitement very
unusual in one of his phlegmatic temperament; his face alternately
flushed and paled, and though much of the old defiant bravado
remained, yet he awaited the opening of proceedings with visible
impatience. Nor was Mr. Whitney less excited, his manner revealing
both agitation and anxiety. On the part of Harold Mainwaring and
his counsel, however, there was no agitation, no haste; every
movement was characterized by composure and deliberation, yet
something in their bearing--something subtle and indefinable but
nevertheless irresistible--impressed the sensibilities of the vast
audience much as the oppressive calm which precedes an electric
storm. All felt that some great crisis was at hand, and it was
amid almost breathless silence that Mr. Sutherland arose to make
his opening statement.
"Gentlemen of the jury," he began, and the slow, resonant tones
penetrated to the farthest corner and out into the corridors where
hundreds were eagerly listening, "as a defence to the charges
sought to be established in your hearing, we propose to show, not
by fine-spun theories based upon electrical and chemical experiments,
nor brilliant sophistries deduced from microscopic observations,
but by the citation of stubborn and incontrovertible facts, that
this document (holding up the will), copies of which you now have
in your possession, is the last will and testament of Ralph Maxwell
Mainwaring, executed by him on the night preceding his death, and
as such entitled to stand; that this will, from the date of its
execution to the day of its discovery on the seventh of July last,
was wilfully and fraudulently withheld from publication, and its
existence kept secret by the deceased Hugh Mainwaring. That the
proponent, Harold Scott Mainwaring, is the lawful and only son of
the beneficiary named therein, and as such the sole rightful and
lawful heir to and owner of the Mainwaring estate. More than this,
we propose at the same time and by the same evidence to forever
disprove, confute, and silence any and every aspersion and
insinuation which has been brought against the character of the
proponent, Harold Scott Mainwaring; and in doing this, we shall at
last lift the veil which, for the past five months, has hung over
the Fair Oaks tragedy."
Mr. Sutherland paused to allow the tremendous excitement produced
by his words to subside; then turning, he addressed himself to the
judge.
"Your honor, I have to request permission of the court to depart in
a slight degree from the usual custom. The witness for the defence
is in an adjoining room, ready to give testimony when summoned to
do so, but in this instance I have to ask that the name be withheld,
and that the witness himself be identified by the contestant and his
counsel."
The judge bowed in assent, and amid a silence so rigid and intense
as to be almost painful, at a signal from Mr. Sutherland, the doors
of an anteroom were swung noiselessly open and approaching footsteps
were heard.