Part 33 (1/2)

”When and where did you next see the prisoner?”

Cold, crisp, carefully accentuated, his words fell like lead upon the ears of all present, whose sympathies were enlisted for the desolate woman; and as he stood, tall, graceful, with one hand thrust within his vest, the other resting easily on the back of the bench near him, his clear cut face so suggestive of metallic medallions, gave no more hint of the smouldering flame at his heart than the glittering ice crown of Eiriksjokull betrays the fierce lava tides beating beneath its frozen crust.

”At 10 o'clock on the same night, I saw the prisoner on the road leading from town to 'Elm Bluff', and not farther than half a mile from the cedar bridge spanning the 'branch', at the foot of the hill where the iron gate stands.”

”She was then going in the direction of 'Elm Bluff?'”

”She was sitting on the ground, with her head leaning against a pine tree, but she rose as I approached.”

”As it was at night, is there a possibility of your having mistaken some one else for the prisoner?”

”None whatever. She wore no hat, and the moon shone full on her face.”

”Did you not question her about her presence there, at such an hour?”

”I asked: 'Madam, you seem a stranger; have you lost your way?' She answered, 'No, sir.' I added: 'Pardon me, but having seen you at ”Elm Bluff” this afternoon, I thought it possible you had missed the road.'

She made no reply, and I rode on to town.”

”She betrayed so much trepidation and embarra.s.sment, that your suspicion was at once aroused?”

”She evinced neither trepidation nor embarra.s.sment. Her manner was haughty and repellent, as though designed to rebuke impertinence. Next morning, when informed of the peculiar circ.u.mstances attending Gen'l Darrington's death, I felt it inc.u.mbent upon me to communicate to the magistrate the facts which I have just narrated.”

”An overwhelming conviction of the prisoner's guilt impelled you to demand her arrest?”

”Overwhelming conviction rarely results from merely circ.u.mstantial evidence, but a combination of accusing circ.u.mstances certainly pointed to the prisoner; and following their guidance, I am responsible for her arrest and detention for trial. To the scrutiny of the Court I have submitted every fact that influenced my action, and the estimate of their value decided by the jurymen, must either confirm the cogency of my reasoning, or condemn my rash fallibility. Having under oath conscientiously given all the evidence in my possession, that the prosecution would accept or desire, I now respectfully request, that unless the prisoner chooses to exercise her right of cross-examination, my colleagues of the prosecution, and his Honor, will grant me a final discharge as witness.”

Turning toward Beryl, Judge Parkman said:

”It is my duty again to remind you, that the cross-examination of witnesses is one of the most important methods of defence; as thereby inaccuracies of statement regarding time, place, etc., are often detected in criminal prosecutions, which otherwise might remain undiscovered. To this invaluable privilege of every defendant, I call your attention once more. Will you cross-question the witness on the stand?”

Involuntarily her eyes sought those of the witness, and despite his locked and guarded face, she read there an intimation that vaguely disquieted her. She knew that the battle with him must yet be fought.

”I waive the right.”

”Then, with the consent of the prosecuting counsel, witness is discharged, subject to recall should the necessities of reb.u.t.tal demand it.”

”By agreement with my colleagues, I ask for final discharge, subject to your Honor's approval.”

”If in accordance with their wishes, the request is granted.”

The clock on the turret struck one, the hour of adjournment, and ere recess was declared, Mr. Churchill rose.

”Having now proved by trustworthy and unquestioned witnesses, a dark array of facts, which no amount of additional testimony could either strengthen, or controvert, the prosecution here rest their case before the jury for inspection; and feeling a.s.sured that only one conclusion can result, will call no other witness, unless required in reb.u.t.tal.”

Desiring to be alone, Beryl had shut out even Sister Serena, and as the officer locked her into a dark antechamber, adjoining the court-room, she began to pace the floor. One tall, narrow window, dim with inside dust, showed her through filmy cobwebs the gray veil of rain falling ceaselessly outside, darkening the day that seemed a fit type of her sombre-hued life, drawing swiftly to its close, with no hope of rift in the clouds, no possibility of sunset glow even to stain its grave. Oh!

to be hidden safely in mother earth--away from the gaping crowd that thirsted for her blood!--at rest in darkness and in silence; with the maddening stings of outraged innocence and womanly delicacy stilled forever. Oh! the coveted peace of lying under the sod, with only nodding daisies, whispering gra.s.ses, crystal chimes of vernal rain, solemn fugue of wintry winds between her tired, aching eyes and the fair, eternal heavens! Harrowing days and sleepless, horror-haunted nights, invincible sappers and miners, had robbed her of strength; and the uncontrollable s.h.i.+vering that now and then seized her, warned her that her nerves were in revolt against the unnatural strain. The end was not far distant, she must endure a little longer; but that last battle with Mr. Dunbar? On what ground, with what weapons would he force her to fight? Kneeling in front of a wooden bench that lined one side of the room, she laid her head on the seat, covered her face with her hands, and prayed for guidance, for divine help in her hour of supreme desolation.

”G.o.d of the helpless, succor me in my need. Forbid that through weakness the sacrifice should be incomplete. Lead, sustain, fortify me with patience, that I may ransom the soul I have promised to save.”

After a time, when she resumed her walk, a strange expedient presented itself. If she sent for Mr. Dunbar, exacted an oath of secrecy, and confided the truth to his keeping, would it avail to protect her secret; would it silence him? Could she stoop so low as to throw herself upon his mercy? Therein lay the nauseous lees of her cup of humiliation; yet if she drained this last black drop, would any pledge have power to seal his lips, when he saw that she must die?