Hand and 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.

XXIX.

THE OPENING OF THE DEFENCE

Excellent! I smell a device. – Twelfth Night.

LATE that afternoon the prosecution rested. It had made out a case of great strength and seeming impregnability. Favorably as every one was disposed to regard the prisoner, the evidence against him was such that, to quote a man who was pretty free with his opinions in the lobby of the court-room: "Orcutt will have to wake up if he is going to clear his man in face of facts like these."

The moment, therefore, when this famous lawyer and distinguished advocate rose to open the defence, was one of great interest to more than the immediate actors in the scene. It was felt that hitherto he had rather idled with his case, and curiosity was awake to his future course. Indeed, in the minds of many the counsel for the prisoner was on trial as well as his client.

He rose with more of self-possession, quiet and reserved strength, than could be hoped for, and his look toward the Court and then to the jury tended to gain for him the confidence which up to this moment he seemed to be losing. Never a handsome man or even an imposing one, he had the advantage of always rising to the occasion, and whether pleading with a jury or arguing with opposing counsel, flashed with that unmistakable glitter of keen and ready intellect which, once observed in a man, marks him off from his less gifted fellows and makes him the cynosure of all eyes, however insignificant his height, features, or ordinary expression.

To-day he was even cooler, more brilliant, and more confident in his bearing than usual. Feelings, if feelings he possessed – and we who have seen him at his hearth can have no doubt on this subject, – had been set aside when he rose to his feet and turned his face upon the expectant crowd before him. To save his client seemed the one predominating impulse of his soul, and, as he drew himself up to speak, Mr. Byrd, who was watching him with the utmost eagerness and anticipation, felt that, despite appearances, despite evidence, despite probability itself, this man was going to win his case.

"May it please your Honor and Gentlemen of the Jury," he began, and those who looked at him could not but notice how the prisoner at his side lifted his head at this address, till it seemed as if the words issued from his lips instead of from those of his counsel, "I stand before you to-day not to argue with my learned opponent in reference to the evidence which he has brought out with so much ingenuity. I have a simpler duty than that to perform. I have to show you how, in spite of this evidence, in face of all this accumulated testimony showing the prisoner to have been in possession of both motive and opportunities for committing this crime, he is guiltless of it; that a physical impossibility stands in the way of his being the assailant of the Widow Clemmens, and that to whomever or whatsoever her death may be due, it neither was nor could have been the result of any blow struck by the prisoner's hand. In other words, we dispute, not the facts which have led the Prosecuting Attorney of this district, and perhaps others also, to infer guilt on the part of the prisoner," – here Mr. Orcutt cast a significant glance at the bench where the witnesses sat, – "but the inference itself. Something besides proof of motive and opportunity must be urged against this man in order to convict him of guilt. Nor is it sufficient to show he was on the scene of murder some time during the fatal morning when Mrs. Clemmens was attacked; you must prove he was there at the time the deadly blow was struck; for it is not with him as with so many against whom circumstantial evidence of guilt is brought. This man, gentlemen, has an answer for those who accuse him of crime – an answer, too, before which all the circumstantial evidence in the world cannot stand. Do you want to know what it is? Give me but a moment's attention and you shall hear."

Expectation, which had been rising through this exordium, now stood at fever-point. Byrd and Hickory held their breaths, and even Miss Dare showed feeling through the icy restraint which had hitherto governed her secret anguish and suspense. Mr. Orcutt went on:

"First, however, as I have already said, the prisoner desires it to be understood that he has no intention of disputing the various facts which have been presented before you at this trial. He does not deny that he was in great need of money at the time of his aunt's death; that he came to Sibley to entreat her to advance to him certain sums he deemed necessary to the furtherance of his plans; that he came secretly and in the roundabout way you describe. Neither does he refuse to allow that his errand was also one of love, that he sought and obtained a private interview with the woman he wished to make his wife, in the place and at the time testified to; that the scraps of conversation which have been sworn to as having passed between them at this interview are true in as far as they go, and that he did place upon the finger of Miss Dare a diamond ring. Also, he admits that she took this ring off immediately upon receiving it, saying she could not accept it, at least not then, and that she entreated him to take it back, which he declined to do, though he cannot say she did not restore it in the manner she declares, for he remembers nothing of the ring after the moment he put her hand aside as she was offering it back to him. The prisoner also allows that he slept in the hut and remained in that especial region of the woods until near noon the next day; but, your Honor and Gentlemen of the Jury, what the prisoner does not allow and will not admit is that he struck the blow which eventually robbed Mrs. Clemmens of her life, and the proof which I propose to bring forward in support of this assertion is this:

"Mrs. Clemmens received the blow which led to her death at some time previously to three minutes past twelve o'clock on Tuesday, September 26th. This the prosecution has already proved. Now, what I propose to show is, that Mrs. Clemmens, however or whenever assailed, was still living and unhurt up to ten minutes before twelve on that same day. A witness, whom you must believe, saw her at that time and conversed with her, proving that the blow by which she came to her death must have occurred after that hour, that is, after ten minutes before noon. But, your Honor and Gentlemen of the Jury, the prosecution has already shown that the prisoner stepped on to the train at Monteith Quarry Station at twenty minutes past one of that same day, and has produced witnesses whose testimony positively proves that the road he took there from Mrs. Clemmens' house was the same he had traversed in his secret approach to it the day before – viz., the path through the woods; the only path, I may here state, that connects those two points with any thing like directness.

"But, Sirs, what the prosecution has not shown you, and what it now devolves upon me to show, is that this path which the prisoner is allowed to have taken is one which no man could traverse without encountering great difficulties and many hindrances to speed. It is not only a narrow path filled with various encumbrances in the way of brambles and rolling stones, but it is so flanked by an impenetrable undergrowth in some places, and by low, swampy ground in others, that no deviation from its course is possible, while to keep within it and follow its many turns and windings till it finally emerges upon the highway that leads to the Quarry Station would require many more minutes than those which elapsed between the time of the murder and the hour the prisoner made his appearance at the Quarry Station. In other words, I propose to introduce before you as witnesses two gentlemen from New York, both of whom are experts in all feats of pedestrianism, and who, having been over the road themselves, are in position to testify that the time necessary for a man to pass by means of this path from Mrs. Clemmens' house to the Quarry Station is, by a definite number of minutes, greater than that allowed to the prisoner by the evidence laid before you. If, therefore, you accept the testimony of the prosecution as true, and believe that the prisoner took the train for Buffalo, which he has been said to do, it follows, as a physical impossibility, for him to have been at Mrs. Clemmens' cottage, or anywhere else except on the road to the station, at the moment when the fatal blow was dealt.

"Your Honor, this is our answer to the terrible charge which has been made against the prisoner; it is simple, but it is effective, and upon it, as upon a rock, we found our defence."

And with a bow, Mr. Orcutt sat down, and, it being late in the day, the court adjourned.

XXX.

BYRD USES HIS PENCIL AGAIN

Ay, sir, you shall find me reasonable; if it be so, I shall do that that is reason. – Merry Wives of Windsor.

"BYRD, you look dazed."

"I am."

Hickory paused till they were well clear of the crowd that was pouring from the court-room; then he said:

"Well, what do you think of this as a defence?"

"I am beginning to think it is good," was the slow, almost hesitating, reply.

"Beginning to think?"

"Yes. At first it seemed puerile. I had such a steadfast belief in Mansell's guilt, I could not give much credit to any argument tending to shake me loose from my convictions. But the longer I think of it the more vividly I remember the difficulties of the road he had to take in his flight. I have travelled it myself, you remember, and I don't see how he could have got over the ground in ninety minutes."