CHAPTER VI.

IN REBUTTAL.

The utter and complete astonishment created by Gabriel's reply was so

generally diffused that the equal participation of Gabriel's own counsel

in this surprise was unobserved. Maxwell would have risen again

hurriedly, but Arthur laid his hand on his shoulder.

"The man his gone clean mad!--this is suicide," whispered Maxwell,

excitedly. "We must get him off the stand. You must explain!"

"Hush!" said Arthur, quietly. "Not a word! Show any surprise and we're

lost!"

In another instant all eyes were fixed upon Arthur, who had remained

standing, outwardly calm. There was but one idea dominant in the

audience. What revelation would the next question bring? The silence

became almost painful as Arthur quietly and self-containedly glanced

around the Court-room and at the jury, as if coolly measuring the effect

of a carefully-planned dramatic sensation. Then, when every neck was

bent forward and every ear alert, Arthur turned nonchalantly yet

gracefully to the bench.

"We have no further questions to ask, your Honour," he said, quietly,

and sat down.

The effect of this simple, natural, and perfectly consistent action was

tremendous! In the various triumphs of Arthur's successful career, he

felt that he had never achieved as universal and instantaneous

popularity. Gabriel was forgotten; the man who had worked up this

sensation--a sensation whose darkly mysterious bearing upon the case no

one could fathom, or even fared to fathom, but a sensation that each man

confidently believed held the whole secret of the crime--this man was

the hero! Had it been suggested, the jury would have instantly given a

verdict for this hero's client without leaving their seats. The betting

was two to one on Arthur. I beg to observe that I am writing of men,

impulsive, natural, and unfettered in expression and action by any

tradition of logic or artificial law--a class of beings much idealised

by poets, and occasionally, I believe, exalted by latter-day

philosophers.

Judge Boompointer looked at Colonel Starbottle. That gentleman,

completely stunned and mystified by the conduct of the defence, fumbled

his papers, coughed, expanded his chest, rose, and began the

cross-examination.

"You have said your name was--er--er--Johnny--er--er--(the Colonel was

here obliged to consult his papers)--er--John Dumbledee. What was your

idea, Mr. Dumbledee, in--er--assuming the name of--er--er--Gabriel

Conroy?"

Objected to by counsel for defence. Argument:--Firstly, motives, like

beliefs, not admissible; case cited, Higginbottom _v._ Smithers.

Secondly, not called out on Direct Ex.; see Swinke _v._ Swanke, opinion

of Muggins, J., 2 Cal. Rep. Thirdly, witness not obliged to answer

questions tending to self-crimination. Objection overruled by the Court.

Precedent not cited; real motive, Curiosity. Boompointer, J. Question

repeated:--

"What was your idea or motive in assuming the name of Gabriel Conroy?"

Gabriel (cunningly, and leaning confidentially over the arm of his

chair): "Wot would be _your_ idee of a motif?"

The witness, amidst much laughter, was here severely instructed by the

Court that the asking of questions was not the function of a witness.

The witness must answer.

Gabriel: "Well, Gabriel Conroy was a purty name--the name of a man ez I

onst knew ez died in Starvation Camp. It kinder came easy, ez a sort o'

interduckshun, don't ye see, Jedge, toe his sister Grace, ez was my

wife. I kinder reckon, between you and me, ez thet name sorter helped

the courtin' along--she bein' a shy critter, outer her own fammerly."

Question: "In your early acquaintance with the deceased, were you not

known to him as Gabriel Conroy always, and not as--er--er--Johnny

Dumbledee?"

Arthur Poinsett here begged to call the attention of the Court to the

fact that it had not yet been shown that Gabriel--that is Johnny

Dumbledee--has ever had any _early_ acquaintance with the deceased. The

Court would not fail to observe that counsel on the direct examination

had restricted themselves to a simple question--the name of the

prisoner.

Objection sustained by Judge Boompointer, who was beginning to be

anxious to get at the facts. Whereat Colonel Starbottle excepted, had no

more questions to ask, and Gabriel was commanded to stand aside.

Betting now five to one on Arthur Poinsett; Gabriel's hand, on leaving

the witness box, shaken cordially by a number of hitherto disinterested

people. Hurried consultation between defendant's counsel. A note handed

to Colonel Starbottle. Intense curiosity manifested by Manuela and Sal

regarding a closely veiled female, who enters a moment later, and is

conducted with an excess of courtesy to a seat by the gallant Colonel.

General impatience of audience and jury.

The defence resumed. Michael O'Flaherty called; nativity, County Kerry,

Ireland. Business, miner. On the night of the murder, while going home

from work, met deceased on Conroy's Hill, dodging in among the trees,

for all the wurreld like a thafe. A few minutes later overtook Gabriel

Conroy half a mile farther on, on the same road, going in same direction

as witness, and walked with him to Lawyer Maxwell's office. Cross

examined: Is naturalised. Always voted the Dimmycratic ticket. Was

always opposed to the Government--bad cess to it--in the ould counthry,

and isn't thet mane to go back on his principles here. Doesn't know that

a Chinaman has affirmed to the same fact of Gabriel's _alibi_. Doesn't

know what an _alibi_ is; thinks he would if he saw it. Believes a

Chinaman is worse nor a nigger. Has noticed that Gabriel was

left-handed.

Amadee Michet, sworn for defence; nativity, France. Business, foreman of

_La Parfait Union_. Frequently walks to himself in the beautiful grove

on Conroy's Hill. Comes to him on the night of the 15th, Gabriel Conroy

departing from his house. It is then seven hours, possibly more, not

less. The night is fine. This Gabriel salutes him in the American

fashion, and is gone. Eastward. Ever to the east. Watches M. Conroy

because he wears a _triste_ look, as if there were great sadness _here_

(in the breast of the witness' blouse). Sees him vanish in the gulch.

Returns to the hill and there overhears voices, a man's and a woman's.

The woman's voice is that of Madame Conroy. The man's voice is to him

strange and not familiar. Will swear positively it was not Gabriel's.

Remains on the hill about an hour. Did not see Gabriel again. Saw a man

and woman leave the hill and pass by the Wingdam road as he was going

home. To the best of his belief the woman was Mrs. Conroy. Do not know

the man. Is positive it was not Gabriel Conroy. Why? Eh! Mon Dieu, is it

possible that one should mistake a giant?

Cross examined. Is a patriot--do not know what is this Democrat you

call. Is a hater of aristocrats. Do not know if the deceased was an

aristocrat. Was not enraged with Madame Conroy. Never made love to her.

Was not jilted by her. This is all what you call too theen, eh? Has

noticed that the prisoner was left-handed.

Helling Dittmann; nativity, Germany. Does not know the deceased; does

know Gabriel. Met him the night of the 15th on the road from Wingdam;

thinks it was after eight o'clock. He was talking to a Chinaman.

Cross examined. Has not been told that these are the facts stated by the

Chinaman. Believes a Chinaman as good as any other man. Don't know what

you mean. How comes dese dings? Has noticed the prisoner used his left

hand efery dime.

Dr. Pressnitz recalled. Viewed the body at nine o'clock on the 16th. The

blood-stains on the linen and the body had been slightly obliterated and

diluted with water, as if they had been subjected to a watery

application. There was an unusually heavy dew at seven o'clock that

evening, not later. Has kept a meteorological record for the last three

years. Is of the opinion that this saturation might be caused by dew

falling on a clot of coagulated blood. The same effect would not be

noticeable on a freshly bleeding wound. The hygrometer showed no

indication of a later fall of dew. The night was windy and boisterous

after eight o'clock, with no humidity. Is of the opinion that the body,

as seen by him, first assumed its position before eight o'clock. Would

not swear positively that the deceased expired before that time. Would

swear positively that the wounds were not received after eight o'clock.

From the position of the wound, should say it was received while the

deceased was in an upright position, and the arm raised as if in

struggling. From the course of the wound should say it could not have

been dealt from the left hand of an opponent. On the cross examination,

Dr. Pressnitz admitted that many so-called "left-handed men" were really

ambidexterous. Was of the opinion that perspiration would _not_ have

caused the saturation of the dead man's linen. The saturation was

evidently after death--the blood had clotted. Dr. Pressnitz was quite

certain that a dead man did not perspire.

The defence rested amid a profound sensation. Colonel Starbottle, who

had recovered his jaunty spirits, apparently influenced by his animated

and gallant conversation with the veiled female, rose upon his short

stubby feet, and withdrawing his handkerchief from his breast, laid it

upon the table before him. Then carefully placing the ends of two white

pudgy fingers upon it, Colonel Starbottle gracefully threw his whole

weight upon their tips, and leaning elegantly toward the veiled figure,

called "Grace Conroy."

The figure arose, slight, graceful, elegant; hesitated a moment, and

then slipped a lissom shadow through the crowd, as a trout glides

through a shallow, and before the swaying, moving mass had settled to

astonished rest, stood upon the witness-stand. Then with a quick

dexterous movement she put aside the veil, that after the Spanish

fashion was both bonnet and veil, and revealed a face so exquisitely

beautiful and gracious, that even Manuela and Sal were awed into

speechless admiration. She took the oath with downcast lids, whose

sweeping fringes were so perfect that this very act of modesty seemed to

the two female critics as the most artistic coquetry, and then raised

her dark eyes and fixed them upon Gabriel.

Colonel Starbottle waved his hand with infinite gallantry.

"What is--er--your name?"

"Grace Conroy."

"Have you a brother by the name of Gabriel Conroy?"

"I have."

"Look around the Court and see if you can recognise him."

The witness with her eyes still fixed on Gabriel pointed him out with

her gloved finger. "I do. He is there!"

"The prisoner at the bar?"

"Yes."

"He is Gabriel Conroy?"

"He is."

"How long is it since you have seen him?"

"Six years."

"Where did you see him last, and under what circumstances?"

"At Starvation Camp, in the Sierras. I left there to get help for him

and my sister."

"And you have never seen him since?"

"Never!"

"Are you aware that among the--er--er--unfortunates who perished, a body

that was alleged to be yours was identified?"

"Yes."

"Can you explain that circumstance?"

"Yes. When I left I wore a suit of boy's clothes. I left my own garments

for Mrs. Peter Dumphy, one of our party. It was her body, clothed in my

garments, that was identified as myself."

"Have you any proof of that fact other than your statement?"

"Yes. Mr. Peter Dumphy, the husband of Mrs. Dumphy, my brother Gabriel

Conroy, and"----

"May it please the Court" (the voice was Arthur Poinsett's, cool,

quiet, and languidly patient), "may it please the Court, we of the

defence--to save your Honour and the jury some time and trouble--are

willing to admit this identification of our client as Gabriel Conroy,

and the witness, without further corroboration than her own word, as his

sister. Your Honour and the gentlemen of the jury will not fail to

recognise in the evidence of our client as to his own name and origin, a

rash, foolish, and, on behalf of myself and my colleague, I must add,

unadvised attempt to save the reputation of the wife he deeply loves

from the equally unadvised and extraneous evidence brought forward by

the prosecution. But we must insist, your Honour, that all this is

impertinent to the real issue, the killing of Victor Ramirez by John

Doe, _alias_ Gabriel Conroy. Admitting the facts just testified to by

the witness, Grace Conroy, we have no cross examination to make."

The fact of the witness, which had been pale and self-possessed, flushed

suddenly as she turned her eyes upon Arthur Poinsett. But that

self-contained scamp retained an unmoved countenance as, at Judge

Boompointer's unusually gracious instruction that the witness might

retire, Grace Conroy left the stand. To a question from the Court,

Colonel Starbottle intimated that he should offer no further evidence in

rebuttal.

"May it please the Court," said Arthur, quietly, "if we accept the

impeachment by a sister of a brother on trial for his life, without

comment or cross examination, it is because we are confident--legally

confident--of showing the innocence of that brother by other means.

Recognising the fact that this trial is not for the identification of

the prisoner under any name or _alias_, but simply upon the issue of the

fact whether he did or did not commit murder upon the body of Victor

Ramirez, as specified in the indictment, we now, waiving all other

issues, prepare to prove his innocence by a single witness. That this

witness was not produced earlier, was unavoidable; that his testimony

was not outlined in the opening, was due to the fact that only within

the last half-hour had he been within the reach of the mandate of this

Court. He would call Henry Perkins!"

There was a slight stir among the spectators by the door as they made

way to a quaint figure that, clad in garments of a bygone fashion, with

a pale, wrinkled, yellow face, and grey hair, from which the dye had

faded, stepped upon the stand.

Is a translator of Spanish and searcher of deeds to the Land Commission.

Is called an expert. Recognises the prisoner at the bar. Saw him only

once, two days before the murder, in passing over Conroy's Hill. He was

sitting on the doorstep of a deserted cabin with a little girl by his

side. Saw the deceased twice. Once when he came to Don Pedro's house in

San Francisco to arrange for the forgery of a grant that should

invalidate one already held by the prisoner's wife. Saw the deceased

again, after the forgery, on Conroy's Hill, engaged in conversation with

the prisoner's wife. Deceased appeared to be greatly excited, and

suddenly drew a knife and made an attack upon the prisoner's wife.

Witness reached forward and interposed in defence of the woman, when the

deceased turned upon him in a paroxysm of insane rage, and a struggle

took place between them for the possession of the knife, witness calling

for help. Witness did not succeed in wresting the knife from the hands

of deceased; it required all his strength to keep himself from bodily

harm. In the midst of the struggle witness heard steps approaching, and

again called for help.

The witness' call was responded to by a voice in broken English,

unintelligible to witness, apparently the voice of a Chinaman. At the

sound of the voice and the approach of footsteps, the deceased broke

from witness, and running backward a few steps, plunged the knife into

his own breast and fell. Witness ran to his side and again called for

help. Deceased turned upon him with a ghastly smile and said, "Bring any

one here and I'll accuse you before them of my murder!" Deceased did not

speak again, but fell into a state of insensibility. Witness became

alarmed, reflecting upon the threat of the deceased, and did not go for

help. While standing irresolutely by the body, Mrs. Conroy, the

prisoner's wife, came upon him. Confessed to her the details just

described, and the threat of the deceased. She advised the instant

flight of the witness, and offered to go with him herself. Witness

procured a horse and buggy from a livery stable, and at half-past nine

at night took Mrs. Conroy from the hillside near the road, where she was

waiting. Drove to Markleville that night, where he left her under an

assumed name, and came alone to San Francisco and the Mission of San

Antonio. Here he learned from the last witness, the prisoner's sister,

Grace Conroy, of the arrest of her brother for murder. Witness at once

returned to One Horse Gulch, only to find the administration of justice

in the hands of a Vigilance Committee. Feeling that his own life might

be sacrificed without saving the prisoner's, he took refuge in a tunnel

on Conroy's Hill. It chanced to be the same tunnel which Gabriel Conroy

and his friend afterwards sought in escaping from the Vigilance

Committee after the earthquake. Witness, during the absence of Gabriel,

made himself known to Mr. Jack Hamlin, Gabriel's friend and comrade in

flight, and assured him of the witness's intention to come forward

whenever a fair trial could be accorded to Gabriel. After the re-arrest

and bailing of Gabriel, witness returned to San Francisco to procure

evidence regarding the forged grant, and proofs of Ramirez's persecution

of Mrs. Conroy. Had brought with him the knife, and had found the cutler

who sold it to deceased eight months before, when deceased first

meditated an assault on Mrs. Conroy. Objected to, and objection

overruled by a deeply interested and excited Court.

"That is all," said Arthur.

Colonel Starbottle, seated beside Grace Conroy, did not, for a moment,

respond to the impatient eyes of the audience in the hush that followed.

It was not until Grace Conroy whispered a few words in his ear, that the

gallant Colonel lifted his dilated breast and self-complacent face above

the level of the seated counsel.

"What--er--er--was the reason--why did the--er--er--deeply anxious wife,

who fled with you, and thus precipitated the arrest of her husband--why

did not she return with you to clear him from suspicion? Why does she

remain absent?"

"She was taken ill--dangerously ill at Markleville. The excitement and

fatigue of the journey had brought on premature confinement. A child was

born"----

There was a sudden stir among the group beside the prisoner's chair.

Colonel Starbottle, with a hurried glance at Grace Conroy, waved his

hand toward the witness and sat down. Arthur Poinsett rose. "We ask a

moment's delay, your Honour. The prisoner has fallen in a fit."

Gabriel Conroy · 第 6 / 12 章