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 depôt 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 depôt 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.