“I ask pardon,” he was saying, “for addressing the court directly; first of all, the pardon of my counsel, whose ability has never been so conspicuous as in this case, and whose just resentment, if he were less magnanimous and noble, I feel I am now about to incur.”
Mr. Orcutt turned to him a look of surprise and severity, but the prisoner saw nothing but the face of the Judge, and continued:
“I would have remained silent if the disposition which your Honor and the District Attorney proposed to make of this last testimony were not in danger of reconsideration from the appeal which the witness has just made. I believe, with you, that her testimony should be disregarded. I intend, if I have the power, that it shall be disregarded.”
The Judge held up his hand, as if to warn the prisoner and was about to speak.
“I entreat that I may be heard,” said Mansell, with the utmost calmness. “I beg the Court not to imagine that I am about to imitate the witness in any sudden or ill-considered attempt at a confession. All I intend is that her self-accusation shall not derive strength or importance from any doubts of my guilt which may spring from the defence which has been interposed in my behalf.”
Mr. Orcutt, who, from the moment the prisoner began to speak, had given evidences of a great indecision as to whether he should allow his client to continue or not, started at these words, so unmistakably pointing toward a demolishment of his whole case, and hurriedly rose. But a glance at Imogene seemed to awaken a new train of thought, and he as hurriedly reseated himself.
The prisoner, seeing he had nothing to fear from his counsel’s interference, and meeting with no rebuke from the Judge, went calmly on:
“Yesterday I felt differently in regard to this matter. If I could be saved from my fate by a defence seemingly so impregnable, I was willing to be so saved, but today I would be a coward and a disgrace to my sex if, in face of the generous action of this woman, I allowed a falsehood of whatever description to place her in peril, or to stand between me and the doom that probably awaits me. Sir,” he continued, turning for the first time to Mr. Orcutt, with a gesture of profound respect, “you had been told that the path from Mrs. Clemmens’ house to the bridge, and so on to Monteith Quarry Station, could not be traversed in ninety minutes, and you believed it. You were not wrong. It cannot be gone over in that time. But I now say to your Honor and to the jury, that the distance from my aunt’s house to the Quarry Station can be made in that number of minutes if a way can be found to cross the river without going around by the bridge. I know,” he proceeded, as a torrent of muttered exclamations rose on his ear, foremost among which was that of the much-discomfited Hickory, “that to many of you, to all of you, perhaps, all means for doing this seem to be lacking to the chance wayfarer, but if there were a lumberman here, he would tell you that the logs which are frequently floated down this stream to the station afford an easy means of passage to one accustomed to ride them, as I have been when a lad, during the year I spent in the Maine woods. At all events, it was upon a log that happened to be lodged against the banks, and which I pushed out into the stream by means of the ‘pivy’ or long spiked pole which I found lying in the grass at its side, that I crossed the river on that fatal day; and if the detective, who has already made such an effort to controvert the defence, will risk an attempt at this expedient for cutting short his route, I have no doubt he will be able to show you that a man can pass from Mrs. Clemmens’ house to the station at Monteith Quarry, not only in ninety minutes, but in less, if the exigencies of the case seem to demand it. I did it.”
And without a glance at Imogene, but with an air almost lofty in its pride and manly assertion, the prisoner sank back into his seat, and resumed once more his quiet and unshaken demeanor.
This last change in the kaleidoscope of events, that had been shifting before their eyes for the last half hour, was too much for the continued equanimity of a crowd already worked up into a state of feverish excitement. It had become apparent that by stripping away his defence, Mansell left himself naked to the law. In this excitement of the jury, consequent upon the self-accusation of Imogene, the prisoner’s admission might prove directly fatal to him. He was on trial for this crime; public justice demanded blood for blood, and public excitement clamored for a victim. It was dangerous to toy with a feeling but one degree removed from the sentiment of a mob. The jury might not stop to sympathize with the self-abnegation of these two persons willing to die for each other. They might say: “The way is clear as to the prisoner at least; he has confessed his defence is false; the guilty interpose false defences; we are acquit before God and men if we convict him out of his own mouth.”
The crowd in the courtroom was saying all this and more, each man to his neighbor. A clamor of voices next to impossible to suppress rose over the whole room, and not even the efforts of the officers of the court, exerted to their full power in the maintenance
