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."