The Queen Against Owen Part 14

The waiter bowed low and retired, deeply impressed with the profound wisdom displayed in these observations.

'You know, if that man who's defending her--what's his name: Tressamer?--thinks he's going to get her off by attacking Lewis, he makes a mistake. I shall go for him if he tries it on.'

'Most improper--most improper,' a.s.sented Sir John. 'I don't know what the Bar's coming to, I don't indeed! These young men are throwing over all the old traditions. The judges will really have to do something.'

'You see, Lewis has acted a perfectly natural and straightforward part. He was bound to do what he did.'

'What sort of a girl is she? because that will make a good deal of difference with the jury.'

'I don't quite agree with you,' answered Sir Daniel. 'My experience is that in a case of this kind the jury are sobered by their sense of responsibility too much to be influenced by a thing like that. It's the outside public afterwards who get up pet.i.tions and kick up a row in the press about a pretty woman.'

'Then she is pretty?' said the other.

'You old sinner!' retorted Sir Daniel playfully. 'It's well for the interests of justice that you're not on the jury. Yes, begad! Wiseman, she's one of the loveliest creatures I've ever tried. Waiter! Where are those tomatoes?'

The tomatoes were brought in and hurriedly partaken of, as the time was running out.

'I suppose you'll sum up for a conviction, then?' questioned the other judge, as he rose and put on his wig.

'No, I shan't,' said Sir Daniel, helping his brother on with the purple-coloured garment which is worn in presiding over the civil court. 'I shall just leave it to the jury. I don't feel a bit satisfied, and I'm very glad, for once in my life, that I have got a jury to take the decision off my shoulders.'

And with these words he drew his own scarlet gown around him and, grasping a small square piece of silk in his left hand, strode back to his seat in court.

At his entrance the whole a.s.semblage rose, including the prisoner, who had been brought back a minute before. Then a start of horror ran through them, and Eleanor's calmness for a moment gave way in a faint gasp. For the object which the judge had just laid on the desk beside him was--the Black Cap.

CHAPTER VIII.

THE DEFENCE.

'May it please your lords.h.i.+p. Before I go into the case for the prisoner, I have to submit that the Crown has not produced sufficient evidence to warrant a conviction.

'It has been laid down by the authority of Lord Hale, which your lords.h.i.+p will find quoted on page 276 of _Archbold_ that no man should ever be convicted of murder or manslaughter on circ.u.mstantial evidence alone, unless the body has been found; and in a comparatively recent case--_Regina v. Hopkins_----'

'Yes, I know that is the law, Mr. Tressamer,' said the judge, interrupting him; 'but how do you say the body has not been found? The prosecution have identified the hand.'

'I submit that is not sufficient, my lord.'

'The coroner's inquest was held upon it,' called out the counsel for the prosecution, who was decidedly taken by surprise at this unusual objection. Tressamer treated the interruption with contempt.

'The coroner is hardly an authority to quote to this court. Your lords.h.i.+p sees my point is this. Of course the finding of the hand is some evidence of some crime. But it is nowise decisive. The deceased, or, rather, the person said to be deceased, might have cut off her own hand. We have no _conclusive_ evidence that she is really dead.'

'But what do you want? Do you mean that in every case the entire body should be found?'

'Oh no, my lord. If some vital part were discovered, and sufficiently identified, I should say that was enough to go upon. But what Lord Hale means, I take it, is this: that where you are going upon circ.u.mstantial evidence--as in this case--where no one saw the crime committed at all, then you must have conclusive evidence from some other source, namely, the dead body.'

'But that is not conclusive. That might be the result of suicide.'

'Still, it affords a very strong presumption. In any case, there is the rule, laid down by Lord Hale, and acted upon ever since.'

'I know, Mr. Tressamer; I am not disputing the law. The only question in my mind is whether this case is not taken out of it by the production of what is part of the body. Of course, I will leave it to the jury to say whether they are satisfied that this is the deceased's hand, if that is any use to you.'

'No, my lord, I don't know that I can hope to contest that. But this is a case of life and death, and I certainly would strongly urge your lords.h.i.+p to consider my point.'

The judge got up.

'I will just go and ask my brother Wiseman what he thinks,' he said.

'Personally, I am afraid I cannot go with you.'

He went out, and Tressamer sat down in a state of intense agitation.

He dared not look round at the dock; but others did, and saw, to their surprise, that the prisoner seemed indifferent to what had just pa.s.sed.

Eleanor did not want to get off on a law point. Without a real, full acquittal her life, as she had told Tressamer, would be too wretched to be worth preserving. And even an acquittal would not be enough while the mystery of her friend's death was left unexplained. Only the full clearing up of the whole story, only the exposure of the real criminal, could bring peace back into her life.

She showed no disappointment, therefore, when the judge returned, with a grave face, and took his seat, saying:

'The trial must proceed. My brother Wiseman inclines to your view, but I am dead against it. I will, of course, reserve the point for the Court for Crown Cases, if you desire.'

'If your lords.h.i.+p pleases,' said Tressamer.

This was exactly what he had wanted. He now had the chance of getting an acquittal from the jury before him, and, if that failed, of succeeding on the point reserved in the court above.

He rose and said:

'I have one witness to call as to the state of the prisoner's health.

I shall, therefore, say nothing now, but call my witness, and address the jury after. Alfred Benjamin James.'

A respectably-dressed man stepped into the witness-box.

'You are a chemist, carrying on business at Porthstone. And you have known the prisoner some time?'

'All her life, sir.'

'Now, have you advised her recently as to the state of her health?'

'I have.'

'Will you just tell us briefly what she has spoken to you about?'

'For some time before the day of the murder she had been unwell. She came to me and asked me to give her something to make her sleep at night. I persuaded her to do without anything, and to take a walk before going to bed instead.'

'Yes, and what else?'

'The last night but one before the murder she came to me complaining of nervous headache. I gave her something for it and advised her to go for long walks, two or three miles or more, so as to tire herself out before going to bed. She said she had mislaid her latchkey lately, but would ask Miss Lewis to let her have another, as she thought Miss Lewis had a spare one.'