“Wit? Hickory, it will be wit and not a swift foot. Or luck, maybe I should call it, or rather providence. If a wagon should be going along the highway, now—”
“Let me alone for availing myself of it,” laughed Hickory. “Wagon! I would jump on the back of a mule sooner than lose the chance of gaining a minute on these experts whose testimony we are to hear tomorrow. Don’t lose confidence in old Hickory yet. He’s the boy for this job if he isn’t for any other.”
And so the matter was settled.
XXXI
The Chief Witness for the Defence
Your If is the only peacemaker; much virtue in If.
As You Like It
The crowd that congregated at the courthouse the next morning was even greater than at any previous time. The opening speech of Mr. Orcutt had been telegraphed all over the country, and many who had not been specially interested in the case before felt an anxiety to hear how he would substantiate the defence he had so boldly and confidently put forth.
To the general eye, however, the appearance of the courtroom was much the same as on the previous day. Only to the close observer was it evident that the countenances of the several actors in this exciting drama wore a different expression. Mr. Byrd, who by dint of the most energetic effort had succeeded in procuring his old seat, was one of these, and as he noted the significant change, wished that Hickory had been at his side to note it with him.
The first person he observed was, naturally, the Judge.
Judge Evans, who has been but barely introduced to the reader, was a man of great moral force and discretion. He had occupied his present position for many years, and possessed not only the confidence but the affections of those who came within the sphere of his jurisdiction. The reason for this undoubtedly lay in his sympathetic nature. While never accused of weakness, he so unmistakably retained the feeling heart under the official ermine that it was by no means an uncommon thing for him to show more emotion in uttering a sentence than the man he condemned did in listening to it.
His expression, then, upon this momentous morning was of great significance to Mr. Byrd. In its hopefulness and cheer was written the extent of the effect made upon the unprejudiced mind by the promised defence.
As for Mr. Orcutt himself, no advocate could display a more confident air or prepare to introduce his witnesses with more dignity or quiet assurance. His self-possession was so marked, indeed, that Mr. Byrd, who felt a sympathetic interest in what he knew to be seething in this man’s breast, was greatly surprised, and surveyed, with a feeling almost akin to awe, the lawyer who could so sink all personal considerations in the cause he was trying.
Miss Dare, on the contrary, was in a state of nervous agitation. Though no movement betrayed this, the very force of the restraint she put upon herself showed the extent of her inner excitement.
The prisoner alone remained unchanged. Nothing could shake his steady soul from its composure, not the possibility of death or the prospect of release. He was absolutely imposing in his quiet presence, and Mr. Byrd could not but admire the power of the man even while recoiling from his supposed guilt.
The opening of the defence carried the minds of many back to the inquest. The nice question of time was gone into, and the moment when Mrs. Clemmens was found lying bleeding and insensible at the foot of her dining-room clock, fixed at three or four minutes past noon. The next point to be ascertained was when she received the deadly blow.
And here the great surprise of the defence occurred. Mr. Orcutt rose, and in clear, firm tones said:
“Gouverneur Hildreth, take the stand.”
Instantly, and before the witness could comply, Mr. Ferris was on his feet.
“Who? what?” he cried.
“Gouverneur Hildreth,” repeated Mr. Orcutt.
“Did you know this gentleman has already been in custody upon suspicion of having committed the crime for which the prisoner is now being tried?”
“I do,” returned Mr. Orcutt, with imperturbable sangfroid.
“And is it your intention to save your client from the gallows by putting the halter around the neck of the man you now propose to call as a witness?”
“No,” retorted Mr. Orcutt; “I do not propose to put the halter about any man’s neck. That is the proud privilege of my learned and respected opponent.”
With an impatient frown Mr. Ferris sat down, while Mr. Hildreth, who had taken advantage of this short passage of arms between the lawyers to retain his place in the remote corner where he was more or less shielded from the curiosity of the crowd, rose, and, with a slow and painful movement that at once attracted attention to his carefully bandaged throat and the general air of debility which surrounded him, came hesitatingly forward and took his stand in face of the judge and jury.
Necessarily a low murmur greeted him from the throng of interested spectators who saw in this appearance before them of the man who, by no more than a hair’s-breadth, had escaped occupying the position of the prisoner, another of those dramatic incidents with which this trial seemed fairly to bristle.
It was hushed by one look from the Judge, but not before it had awakened in Mr. Hildreth’s weak and sensitive nature those old emotions of shame and rage whose token was a flush so deep and profuse it unconsciously repelled the gaze of all who beheld it. Immediately Mr. Byrd, who sat with bated breath, as it were, so intense was his excitement over the unexpected turn of affairs, recognized the full meaning of the situation, and awarded to Mr. Orcutt all the admiration which his skill in bringing it about undoubtedly deserved. Indeed, as the detective’s quick glance flashed first at the witness, cringing in his old unfortunate way
