"Can you explain that circ.u.mstance?"

"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 reb.u.t.tal.

"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 pa.s.sing 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 a.s.sumed 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 a.s.sured 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 a.s.sault 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."

CHAPTER VII.

A FAMILY GREETING.

When Gabriel opened his eyes to consciousness, he was lying on the floor of the jury room, his head supported by Olly, and a slight, graceful, womanly figure, that had been apparently bending over him, in the act of slowly withdrawing from his awakening gaze. It was his sister Grace.

"Thar, you're better now," said Olly, taking her brother's hand, and quietly ignoring her sister, on whom Gabriel's eyes were still fixed.

"Try and raise yourself inter this chair. Thar--thar now--that's a good old Gabe--thar! I reckon you're more comfortable!"

"It's Gracey!" whispered Gabriel, hoa.r.s.ely, with his eyes still fixed upon the slight, elegantly dressed woman, who now, leaning against the doorway, stood coldly regarding him. "It's Gracey--your sister, Olly!"

"Ef you mean the woman who hez been tryin' her best to swar away your life, and kem here allowin' to do it--she ain't no sister o' mine--not,"

added Olly, with a withering glance at the simple elegance of her sister's attire, "not even ef she does trapse in yer in frills and tuckers--more shame for her!"

"If you mean," said Grace, coldly, "the girl whose birthright you took away by marrying the woman who stole it, if you mean the girl who rightfully bears the name that you denied, under oath, in the very shadow of the gallows, she claims nothing of you but her name."

"Thet's so," said Gabriel, simply. He dropped his head between his great hands, and a sudden tremor shook his huge frame.

"Ye ain't goin' to be driv inter histeriks agin along o' that crockidill," said Olly, bending over her brother in alarm. "Don't ye--don't ye cry, Gabe!" whimpered Olly, as a few drops oozed between Gabriel's fingers; "don't ye take on, darling, _afore her_!"

The two sisters glared at each other over the helpless man between them.

Then another woman entered who looked sympathetically at Gabriel and then glared at them both. It was Mrs Markle. At which, happily for Gabriel, the family bickering ceased.

"It's all over, Gabriel! you're clar!" said Mrs. Markle, ignoring the sympathies as well as the presence of the two other ladies. "Here's Mr.

Poinsett."

He entered quickly, but stopped and flushed slightly under the cold eyes of Grace Conroy. But only for a moment. Coming to Gabriel's side, he said, kindly, "Gabriel, I congratulate you. The acting District Attorney has entered a _nolle prosequi_, and you are discharged."

"Ye mean I kin go?" said Gabriel, suddenly lifting his face.

"Yes. You are as free as air."

"And ez to _her_?" asked Gabriel, quickly.

"Who do you mean?" replied Arthur, involuntarily glancing in the direction of Grace, whose eyes dropped scornfully before him.

"My wife--July--is _she_ clar too?"

"As far as this trial is concerned, yes," returned Arthur, with a trifle less interest in his voice, which Gabriel was quick to discern.

"Then I'll go," said Gabriel, rising to his feet. He made a few steps to the door and then hesitated, stopped, and turned toward Grace. As he did so his old apologetic, troubled, diffident manner returned.

"Ye'll exkoos me, miss," he said, looking with troubled eyes upon his newly-found sister, "ye'll exkoos me, ef I haven't the time now to do the agreeable and show ye over yer property on Conroy's Hill. But it's thar! It's all thar, ez Lawyer Maxwell kin testify. It's all thar and the house is open, ez it always was to ye, ez the young woman who keeps the house kin tell ye. I'd go thar with ye ef I hed time, but I'm startin' out now, to-night, to see July. To see my wife, Miss Conroy, to see July ez is expectin'! And I reckon thar'll be a baby--a pore little, helpless newborn baby--ony _so_ long!" added Gabriel, exhibiting his forefinger as a degree of mensuration; "and ez a fammerly man, being ladies, I reckon you reckon I oughter be thar." (I grieve to state that at this moment the ladies appealed to exchanged a glance of supreme contempt, and am proud to record that Lawyer Maxwell and Mr. Poinsett exhibited the only expression of sympathy with the speaker that was noticeable in the group.)

Arthur detected it and said, I fear none the less readily for that knowledge--

"Don't let us keep you, Gabriel; we understand your feelings. Go at once."

"Take me along, Gabe," said Olly, flashing her eyes at her sister, and then turning to Gabriel with a quivering upper lip.

Gabriel turned, swooped his tremendous arm around Olly, lifted her bodily off her feet, and saying, "You're my own little girl," vanished through the doorway.

This movement reduced the group to Mrs. Markle and Grace Conroy, confronted by Mr. Poinsett and Maxwell. Mrs. Markle relieved an embarra.s.sing silence by stepping forward and taking the arm of Lawyer Maxwell and leading him away. Arthur and Grace were left alone.

For the first time in his life Arthur lost his readiness and self-command. He glanced awkwardly at the woman before him, and felt that neither conventional courtesy nor vague sentimental recollection would be effective here.

"I am waiting for my maid," said Grace, coldly; "if, as you return to the Court-room, you will send her here, you will oblige me."

Arthur bowed confusedly.

"Your maid"----