It was an electrical surprise. No one was prepared for such an admission. A buzz of astonishment rose on all sides, and people were heard to intimate that the overworked lawyer had lost his mind. Even the veteran judge, accustomed as he was to legal ambushes and masked batteries in criminal procedure, was not sure that his ears were not deceiving him, and asked counsel what it was he had said. Howard’s impassive face betrayed no sign, but his attitude and bearing lost something of their careless confidence for a moment. Wilson resumed:
“We not only grant that claim, but we welcome it and strongly endorse it. Leaving that matter for the present, we will now proceed to consider other points in the case which we propose to establish by evidence, and shall include that one in the chain in its proper place.”
He had made up his mind to try a few hardy guesses, in mapping out his theory of the origin and motive of the murder—guesses designed to fill up gaps in it—guesses which could help if they hit, and would probably do no harm if they didn’t.
“To my mind, certain circumstances of the case before the court seem to suggest a motive for the homicide quite different from the one insisted on by the State. It is my conviction that the motive was not revenge, but robbery. It has been urged that the presence of the accused brothers in that fatal room, just after notification that one of them must take the life of Judge Driscoll or lose his own the moment the parties should meet, clearly signifies that the natural instinct of self-preservation moved my clients to go there secretly and save Count Luigi by destroying his adversary.
“Then why did they stay there, after the deed was done? Mrs. Pratt had time, although she did not hear the cry for help, but woke up some moments later, to run to that room—and there she found these men standing and making no effort to escape. If they were guilty, they ought to have been running out of the house at the same time that she was running to that room. If they had had such a strong instinct toward self-preservation as to move them to kill that unarmed man, what had become of it now, when it should have been more alert than ever? Would any of us have remained there? Let us not slander our intelligence to that degree.
“Much stress has been laid upon the fact that the accused offered a very large reward for the knife with which this murder was done; that no thief came forward to claim that extraordinary reward; that the latter fact was good circumstantial evidence that the claim that the knife had been stolen was a vanity and a fraud; that these details taken in connection with the memorable and apparently prophetic speech of the deceased concerning that knife, and the final discovery of that very knife in the fatal room where no living person was found present with the slaughtered man but the owner of the knife and his brother, form an indestructible chain of evidence which fixes the crime upon those unfortunate strangers.
“But I shall presently ask to be sworn, and shall testify that there was a large reward offered for the thief, also; and it was offered secretly and not advertised; that this fact was indiscreetly mentioned—or at least tacitly admitted—in what was supposed to be safe circumstances, but may not have been. The thief may have been present himself. [Tom Driscoll had been looking at the speaker, but dropped his eyes at this point.] In that case he would retain the knife in his possession, not daring to offer it for sale, or for pledge in a pawnshop. [There was a nodding of heads among the audience by way of admission that this was not a bad stroke.] I shall prove to the satisfaction of the jury that there was a person in Judge Driscoll’s room several minutes before the accused entered it. [This produced a strong sensation; the last drowsy-head in the courtroom roused up, now, and made preparation to listen.] If it shall seem necessary, I will prove by the Misses Clarkson that they met a veiled person—ostensibly a woman—coming out of the back gate a few minutes after the cry for help was heard. This person was not a woman, but a man dressed in woman’s clothes.” Another sensation. Wilson had his eye on Tom when he hazarded this guess, to see what effect it would produce. He was satisfied with the result, and said to himself, “It was a success—he’s hit!”
“The object of that person in that house was robbery, not murder. It is true that the safe was not open, but there was an ordinary tin cashbox on the table, with three thousand dollars in it. It is easily supposable that the thief was concealed in the house; that he knew of this box, and of its owner’s habit of counting its contents and arranging his accounts at night—if he had that habit, which I do not assert, of course;—that he tried to take the box while its owner slept, but made a noise and was seized, and had to use the knife to save himself from capture; and that he fled without his booty because he heard help coming.
“I have now done with my theory, and will proceed to the evidences by which I propose to try to prove its soundness.” Wilson took up several of his strips of glass. When the audience recognized these familiar mementoes of Pudd’nhead’s old-time childish “puttering” and folly, the tense and funereal interest
