Part 65 (1/2)

”A true bill, Your Honour.”

A like answer was returned in respect to the other three charges, and the Judge then discharged the Grand Jury, who promptly filed out of Court, only to reappear in the gallery above the Judge's bench.

A Special Jury--which, the Judge was careful to tell Jack, was a great privilege extended to him by the Court--was empanelled to try the case, but not without a great deal of challenging on the part of the Crown Prosecutor and of Jack's counsel.

”Prisoner at the bar, you are charged with the wilful murder of Isaac Zahn. How do you plead, Guilty or Not Guilty?”

”Not Guilty!”

Scarlett's voice rang clear through the hall.

There was a shuffling amongst the barristers on the floor of the Court; papers were rustled, law-books were opened or placed neatly in rows, and a general air of business pervaded the scene.

Then the Crown Prosecutor rose and, after clearing his throat several times, declared that he would call certain witnesses to prove that the prisoner was on the road between Timber Town and Canvas Town on the day of the murder, that he was at open variance with the murdered man, Isaac Zahn, that he possessed when arrested certain property belonging to the murdered man, and certain other important facts, all of which went to prove the prisoner's guilt.

First, he called a constable who deposed as to the finding of the bodies; next, a doctor, who gave evidence as to how Zahn met his death.

Then followed a member of the search-committee, who supplied various details respecting the track, the position of the body of Zahn when found, and of the effects found upon it.

These three witnesses but fulfilled the formalities of the Law in proving that the dead man was murdered and robbed, but there was a great stir in the hall when the next witness entered the box.

This was a corn-stalk of a man who wore a long yellow beard, and seemed to consist of legs, arms, and head; his body being of such small importance in the scheme of his construction as to be hardly noticeable.

”John Rutherford,” said the Crown Prosecutor, ”kindly tell the jury your trade or calling.”

”Digger,” answered the witness, as laconically as possible.

”The witness means,” said the barrister, turning to the jury, ”that he mines for gold,” an explanation which n.o.body needed. ”But be so good as to inform the Court if you know a hostelry named The Lucky Digger.”

A smile stole over the lean witness's face. ”I reckon I've bin there,”

he said.

”Were you there on the afternoon of Sat.u.r.day, the 25th of February, last?”

”I might ha' bin.”

”You can't be certain?”

”You've hit it, mister--I can't be certain.”

”Then we'll try to a.s.sist your memory. Do you know the prisoner at the bar?”

The witness looked at Scarlett with a grin. Then he turned, and confronted the lawyer. ”I know him,” he said. ”He was boss of the gentlemen diggers.”

”Did you know the deceased, Isaac Zahn, with whose murder the prisoner is charged?”

”I did--he bought gold of me.”

”Did you ever know the two men, John Scarlett and Isaac Zahn, to quarrel?”