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'My lord, the witness was anxious to explain one of his answers to my learned friend. Would your lords.h.i.+p allow him to do so now?'
'Yes, yes,' was his lords.h.i.+p's answer.
The witness instantly took advantage of the permission.
'I wished to say, my lord, that the reason why I went first to see my aunt, instead of going to my sister's, was because she had befriended me when I was young. She furnished the money to start me with in Australia, and I felt it only right, in common grat.i.tude, to come straight and thank her on my return.'
Another revulsion of feeling swept over the court. The effect of Tressamer's last suggestion was obliterated. Lewis was once more in favour.
Pollard had scored. His brother twitched him by the gown from behind as a hint to sit down. But the unfortunate young man must needs try and improve on his lucky shot. He summoned up a very tragic demeanour, and put the fatal question:
'And is there the smallest ground for suggesting that you were near the house or out of your hotel after ten that night?'
The witness showed confusion. Instead of answering in the prompt, decided style he had hitherto shown, he hesitated for some seconds, and then said with visible embarra.s.sment:
'No, there is none.'
Pollard hastily sat down. The rules which govern the production of evidence did not permit Tressamer to put a further question to the witness, but he was skilful enough to do what accomplished the same result. He called across the barristers' table, in a perfectly audible voice:
'Is anyone from the hotel here, Mr. Pollard?'
'Not that I know of,' was the sullen answer.
And now it was the judge's turn, and he proceeded to put to the witness that question which was in the mind of every person in court, but which neither of the counsel had dared to put, each fearing the answer might be unfavourable to himself.
'Tell me, Mr. Lewis, had you any special reasons--don't tell me what your reasons were--but had you any reason apart from what you were told by others for accusing the prisoner of this murder?'
'I had, my lord.'
'Did that reason arise in your mind as a consequence of anything which you saw the prisoner do, or which took place in her presence?'
'Not exactly, my lord. My aunt said to me----'
The judge swiftly raised his hand with a forbidding gesture, and pursed up his lips.
'That will do. You can go.'
Mr. Lewis retired, and the jury were left to wonder what the mysterious reason could be, the result on most of their minds being far more unfavourable to the prisoner than if the rules of evidence had allowed the witness to speak freely.
The next witness was the butler, John Simons, who deposed to having fastened up the door at half-past ten on the night in question, and to having found the latch stuck on the following day. He further described the finding of the blood-stains on the bedroom door-handle.
His cross-examination was listened to with interest.
'Has it ever occurred to you yourself to accidentally raise the latch too far in the same way?'
'Oh yes, I've often done it, sir.'
'Were you out on the evening of the first of June?'
The butler, a good-natured-looking man, with a pleasant smile, but whose mind was evidently rather unhinged by the position he found himself in, looked bewildered at this, and rather frightened. The barrister hastened to rea.s.sure him.
'What I mean is this. If you had been out some time during the evening, before half-past ten, would it not have been possible for you to have accidentally left the latch in this position?'
The witness looked relieved, and hastened to answer.
'Yes, of course, I might have.'
Tressamer turned round to the jury to see if they appreciated his point. Then he resumed.
'You have known Miss Owen some time, I think. Tell me, have you ever noticed that she was liable to nervous headaches?'
'I have heard her say she had a headache.'
'What was the last time you heard her say so?'
The witness looked puzzled, and seemed to be trying to remember.
'Perhaps I can help you,' said the barrister. 'About this very time, now; just before this happened?'
'Ah, yes, sir, now you remind me, I remember. When she didn't come down that morning, I said to Rebecca, "Very likely she's had another bad night."'
'_Another_ bad night? Then she was liable to insomnia?'
The witness stared.
'I beg your pardon. I mean, she sometimes did suffer from want of sleep?'
'She sometimes had bad nights, sir.'
'Exactly. And you remembered she had been having them just before this?'
'Well, no, sir; I can't say as I do remember that.'
The barrister frowned impatiently.
'Well, tell me this,' he said: 'do you know what she was in the habit of doing on these occasions, when she couldn't get to sleep?'
'No, sir.'
'Did you ever hear of her going out for a walk at night?'
The whole court was eagerly following this cross-examination, as the defence now began to be visible. But the answer of the witness fell like lead:
'No.'
Tressamer looked deeply disappointed. He had been baffled just where he had evidently built upon success.
He only put one more question.