The utter and complete astonishment created by Gabriel's reply was so generally diffused that the equal partic.i.p.ation of Gabriel's own counsel in this surprise was un.o.bserved. 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 cla.s.s 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--a.s.suming 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._ Sw.a.n.ke, 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 a.s.suming 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 n.i.g.g.e.r. 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 pa.s.s 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.

h.e.l.ling 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 a.s.sumed 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 ma.s.s 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 circ.u.mstances?"

"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."