Chapter XI: Book III: The Scales of Justice (1)

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.