CHAPTER XLVI

THE OLD LAWYER DECLINES TO SURPRISE THE COURT, AND SURPRISES LEECH

The next morning the case was called, and the whole village was astir.

In the little conclave held after the marriage it had been discussed

whether anything should be said about it until after the jury was

impanelled, when it could be sprung on Leech, and, in the surprise thus

occasioned, the jury be forced to give a verdict of acquittal.

Some were for taking this course, and this was Steve’s wish; but old

Mr. Bagby said, No. He had lost one case, he said, by allowing his

client to act on a sentiment, and he would not risk another. Sentiment

was sentiment, but law was law. He looked through his spectacles

significantly at Major Welch. He believed in making every defence

as you came to it. So, as Major Welch was sure he would receive the

telegrams he was expecting from the North, and agreed with Mr. Bagby,

this plan was adopted. It was decided to announce the marriage before

the beginning of the trial, and take the postponement that would almost

inevitably occur.

The secret was well kept, and, up to the last moment before the trial,

there was no idea on Leech’s part of what had taken place. He had put

on a new and longer black coat than usual, and a carefully tied white

cravat; and, with his books and papers clasped to his breast, and his

pale eyes downcast except when he lifted them covertly and cast a swift

glance of conscious triumph around him, he moved about the court-green

busy and noiseless. He was still haggard from his late illness, but

there was an air of triumph even in the flapping of his loose coat and

the line of his thin back.

But, notwithstanding Leech’s ignorance, an idea had got abroad that

something unusual would happen. The lawyers for Captain Allen were

still grave; but they wore a more confident air than they had exhibited

yesterday. Andy Stamper was chirpy and facetious, and had a look of

deeper mystery than he was wont to wear except when events were about

to happen. It was known that Major Welch, who had just returned from

the North, had been to the railway station after midnight, and had

remained there until daybreak; and it was known, further, that Mrs.

Welch and Miss Welch had left the tavern, and were staying at Mrs.

Dockett’s. So there was something in the air. It was rumored that

McRaffle had been sent away by Leech.

When Captain Allen walked across the green from the jail to the

court-house, he wore a look of triumph which cheered the hearts of

his friends. They crowded round him, to speak to him and shake his

hand; and he laughed and chatted with them like a victor, not like a

prisoner. One man called to him: “We came near taking you out of yonder

last night, Captain; and if you just crook your finger, we’ll clean

up the whole gang now. There’s several of the old Company around here

yet.” Steve looked over at him and smiled.

“It’s all right, Michael. Don’t trouble yourself.” And the crowd

pressed after him into the court-house, which was already jammed.

The case was called, and the Court asked the usual question whether

counsel were ready. Leech replied meekly that the Government was ready,

and glanced across at the array of counsel for the prisoner. After a

moment’s hesitation, old Mr. Bagby slowly rose:

“If the Court please!” he said, “we are ready for the defence; but

before entering on the case, there is a statement which I feel—which

we feel—it is proper we should make, as we do not wish to surprise the

Court, or to take any advantage of a state of facts which may cause a

surprise to the other side.”

He turned to Leech, on whose face a look of wonder was beginning to

dawn.

“I believe I see among the list of witnesses summoned for the

prosecution the name of a witness—” (the old lawyer took up the book

containing the list of witnesses, and scanned it as if he had not seen

it before)—“of a young lady—ah—Miss Welch—who, I believe, has

been summoned ah—who I understand has been summoned to prove—ah—to

testify to certain statements alleged to have been made by our client,

which are deemed material.” He looked across at Leech, who was staring

at him in vague wonder. “Am I correct in this, Colonel Leech?” His

voice was never so unctuous and his manner so civil as when he was

preparing a deadly thrust.

“Umph, I don’t know. I believe there is a witness of that name, to

prove some of the prisoner’s confessions. There are a number of

others. We are not dependent on her at all,” said Leech, with insolent

indifference.

“Ah!” drawled the old lawyer. “I was misinformed.” With a bow, he

took his seat. As he did so, he added, slowly, “I understood she was

a material witness—a _very_ material witness. If she is not, of

course——?” He looked benignantly at the jury and shut his lips. He

was apparently relieved. Leech cleared his throat nervously. He saw he

had lost whatever advantage the statement would have given him.

“I did not mean that. I did not mean to say she is not a material

witness.”

The old lawyer turned his eyes on him slowly. “A _very_ material

witness?”

“Oh, well, yes; I suppose you might say so.”

Mr. Bagby rose again.

“Then I will resume my statement. I am informed that this young lady

to whom I have referred is summoned to prove certain statements of

our client, respecting his supposed connection with the secret and

unlawful order for the suppression of which the law, under which this

prosecution is ostensibly made, was framed. I am informed, further,

that she is a very material witness—so material, indeed, that but for

her testimony it is possible this prosecution, in this particular form,

might not have taken place.”

Leech cleared his throat ominously, and Mr. Bagby looked at him

benignly.

“I am inclined to credit this report not only from facts within our

own knowledge, but also because I understand that these conjectured

statements, whatever they were, were made in the course of conversation

of a kind peculiarly confidential, under seal of a friendship unusually

close and intimate; and I cannot believe that the learned and amiable

counsel for the Government would have wished to violate wantonly such a

confidence. I can only think he considered that his duty required it.

And I am glad to say I have his own statement that such was his view of

the case” (he took from his hat a paper and held it in his hand), “in a

letter which he personally wrote to the young lady’s father.

“It is under these circumstances that I feel it is due to the Court,

and may lead to a different disposition of the case, to say to the

Court that the young lady in question is not an eligible witness in

this prosecution.” (He here took from his hat another paper.) “She has

been united in the bonds of matrimony to my client, and is at present

the wife of the accused, Captain Stevenson Allen, and thus is not an

eligible witness for or against him.”

He resumed his seat slowly and sedately, amid the dead silence which

had fallen on the court-room. The next moment the crowd took in the

situation, and the old court-room rang with cheer after cheer. Even the

jury were moved to grin, and exchanged pleased glances and words of

wonder and satisfaction.

During the tumult that went on, Leech’s face was a study. Surprise,

dismay, baffled revenge, rage, fear, craftiness, dissimulation—all

had their place. He looked about him at the shouting assembly, and

gauged all the elements. He took in Captain Thurston’s jolly face,

Major Welch’s look of satisfaction, and the shrewd content of old Mr.

Bagby, as Major Welch handed him a batch of telegrams. He saw the

other lawyers’ faces light up as the telegrams were handed on to them

and were eagerly scanned. He knew the wires had been well worked. He

calculated all the chances. And when the judge, with sharp reprimands

and angry threats, had quelled the noise and restored order, Leech rose.

It was true, he said, that the testimony of the witness mentioned was

material in the aspect of the case as it stood at present, and it was

true that he had summoned Miss Welch as a witness, only under the

strictest sense of duty and at the greatest cost of pain to himself,

as he had already stated to her father. And he was glad that they

at last recognized it. He had not known that the friendship between

the—ah—witness and the prisoner, had been carried so far—indeed, it

seemed that this last degree of intimacy must have been of quite recent

date. Had he known it, the Court would have been spared some trouble

and the Government considerable expense. As it was, while he was not

prepared to say that the Government could not compel the witness to

testify when the disability had arisen under such circumstances (here

he glanced at the judge, and read on his countenance that this view was

untenable; so he added), or could not convict without the witness, his

idea of his duty to the Government was so high that he was unwilling to

risk going to trial under the circumstances, until he had summoned one

or two other witnesses who could prove the same facts; and he should

therefore consent to an adjournment till next day.

Mr. Bagby rose. “You will ask for it,” he said, looking at Leech. “We

are ready to proceed.” He addressed the Court in a few words, and urged

that the case proceed or that the prosecution be dismissed. This Leech

“could not consent to,” and the Court refused it. Then the old lawyer

more firmly insisted that his client be admitted to bail.

Leech was about to rise to resist this also. At that moment, however,

a dispatch was handed him. It was from his friends at the national

capital, and stated that Major Welch had secured an order to admit

Captain Allen to bail. Leech turned the dispatch over carelessly, face

downward, leant back, and spoke aloud to the man who had handed it to

him. “I’ll send an answer. Wait a little.” He rose.

This motion, he said, he should be glad to assent to, and, indeed,

was about to propose himself, as such novel circumstances had arisen;

and he should be glad to do anything that would please his friends,

especially Major Welch, and he hoped he might add his congratulations

to the young couple and his friend Major Welch, if it was not too

late. This was received with bows more or less perfunctory; only old

Mr. Bagby bowed low with mock gratitude, and General Legaie, twirling

his mustache, said something aloud about a “shameless dog.” The bail

was quickly arranged, and Captain Allen walked out amid the cheers of

the crowd. The delight of the multitude about the court-green, among

whom the story had rapidly spread, knew no bounds. There are some

things that strike chords in all hearts, and the happiness of a newly

married couple is one of them. The negroes had responded to it as

quickly as the whites; and when Captain Allen, who, immediately on the

announcement, had been joined by his wife, walked from the court-room,

with her at his side blushing and pale by turns, but with her face full

of joy, the enthusiasm of the crowd knew no bounds. Whites and blacks

crowded up to congratulate him, and to shake his hand and say pleasant

things to his wife.

Through this throng Leech had to push as he made his way from the

court-house, his bundle of papers hugged to his chest. His sallow

cheeks were deadly white, and his face was drawn and white; but the

look of baffled rage in his eyes was not seen, as he kept them turned

to the ground. He saw many whom he had deemed his closest followers

pressing up to be seen among those who congratulated Captain Allen, and

he knew by these weather-cocks that the wind had turned and the game

was lost.

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