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existence of motive on the part of the accused. Mr. Goodman was called to the witness stand, and, after him, other business men of Buffalo, all of whom united in unqualified assertions of the prisoner's frequently-expressed desire for a sum of money sufficient to put his invention into practical use. Next, the amount considered necessary for this purpose was ascertained and found to be just covered by the legacy bequeathed him by his aunt; after which, ample evidence was produced to show that he knew the extent of her small fortune, and the fact that she had by her will made him her heir. Motive for the crime being thus established, they now proceeded to prove that he was not without actual opportunity for perpetrating it. He was shown to have been in Sibley at the time of the murder. The station-master at Monteith was confronted with the prisoner, also old Sally Perkins. Then you and I came before the court with our testimony, and whatever doubt may have remained as to his having been in a position to effect his aunt's death, and afterward escape unnoticed by means of the path leading over the hills to Monteith Quarry station, was swept away. What remains? To connect him with the murder itself, by some, strong link of circumstantial evidence, such as the ring provides. And who is it that can give testimony regarding the ring?β€”Miss Dare."

"Hem! Well, she will do it," was the dry remark of Hickory.

"She will be obliged to do it," was the emphatic response of Byrd.

And again their glances crossed in a furtive way both seemed ready to ignore.

"What do you think of Orcutt?" Hickory next inquired.

"He is very quiet."

"Too quiet, eh?"

"Perhaps. Folks that know him well declare they never before saw him conduct a case in so temperate a manner. He has scarcely made an effort at cross-examination, and, in fact, has thus far won nothing for the defence except that astonishing tribute to the prisoner's character given by Mr. Goodman."

"Mr. Goodman is Mansell's friend."

"I know it; but his short, decisive statements told upon the jury. Such a man as he made Mansell out to be is just the sort to create an impression on a body of men like them."

"Orcutt understands a jury."

"Orcutt understands his case. He knows he can make nothing by attempting to shake the evidence which has been presented by the prosecution; the facts are too clear, and the witnesses which have been called to testify are of too reliable a character. Whatever defence he contemplates, it will not rest upon a denial of any of the facts brought to light through our efforts, or the evidence of such persons as Messrs. Goodman and Harrison."

"No."

"The question is, then, in what will it lie? Some strong point, I warrant you, or he would not hold himself and his plans so completely in reserve. But what strong point? I acknowledge the uncertainty troubles me."

"I don't wonder," rejoined Hickory. "So it does me."

And a constraint again fell between them that lasted till Hickory put his pipe in his pocket and signified his intention of returning to his own apartments.

XXVIII. THE CHIEF WITNESS FOR THE PROSECUTION.
Oh, while you live tell truth and shame the devil!
β€”Henry IV.


MR. BYRD'S countenance after the departure of his companion was any thing but cheerful. The fact is, he was secretly uneasy. He dreaded the morrow. He dreaded the testimony of Miss Dare. He had not yet escaped so fully from under the dominion of her fascinations as to regard with equanimity this unhappy woman forcing herself to give testimony compromising to the man she loved.

Yet when the morrow came he was among the first to secure a seat in the court-room. Though the scene was likely to be harrowing to his feelings, he had no wish to lose it, and, indeed, chose such a position as would give him the best opportunity for observing the prisoner and surveying the witnesses.

He was not the only one on the look-out for the testimony of Miss Dare. The increased number of the spectators and the general air of expectation visible in more than one of the chief actors in this terrible drama gave suspicious proof of the fact; even if the deadly pallor of the lady herself had not revealed her own feelings in regard to the subject.

The entrance of the prisoner was more marked, too, than usual. His air and manner were emphasized, so to speak, and his face, when he turned it toward the jury, wore an iron look of resolution that would have made him conspicuous had he occupied a less prominent position than that of the dock.

Miss Dare, who had flashed her eyes toward him at the moment of his first appearance, dropped them again, contrary to her usual custom. Was it because she knew the moment was at hand when their glances would be obliged to meet?

Mr. Orcutt, whom no movement on the part of Miss Dare ever escaped, leaned over and spoke to the prisoner.

"Mr. Mansell," said he, "are you prepared to submit with composure to the ordeal of confronting Miss Dare?"

"Yes," was the stern reply.

"I would then advise you to look at her now," proceeded his counsel. "She is not turned this way, and you can observe her without encountering her glance. A quick look at this moment may save you from betraying any undue emotion when you see her upon the stand."

The accused smiled with a bitterness Mr. Orcutt thought perfectly natural, and slowly prepared to obey. As he raised his eyes and allowed them to traverse the room until they settled upon the countenance of the woman he loved, this other man who, out of a still more absorbing passion for Imogene, was at that very moment doing all that lay in his power for the saving of this his openly acknowledged rival, watched him with the closest and most breathless attention. It was another instance of that peculiar fascination which a successful rival has for an unsuccessful one. It was as if this great lawyer's thoughts reverted to his love, and he asked himself: "What is there in this Mansell that she should prefer him to me?"

And Orcutt himself, though happily unaware of the fact, was at that same instant under a scrutiny as narrow as that he bestowed upon his client. Mr. Ferris, who knew his secret, felt a keen interest in watching how he would conduct himself at this juncture. Not an expression of the lawyer's keen and puzzling eye but was seen by the District Attorney and noted, even if it was not understood.

Of the three, Mr. Ferris was the first to turn away, and his thoughts if they could have been put into words might have run something like this: "That man"β€”meaning Orcuttβ€”"is doing the noblest work one human being can perform for another, and yet there is something in his face I do not comprehend. Can it be he hopes to win Miss Dare by his effort to save his rival?"

As for the thoughts of the person thus unconsciously subjected to the criticism of his dearest friend, let our knowledge of the springs that govern his action serve to interpret both the depth and bitterness of his curiosity; while the sentiments of Mansellβ€”β€” But who can read what lurks behind the iron of that sternly composed countenance? Not Imogene, not Orcutt, not Ferris. His secret, if he owns one, he keeps well, and his lids scarcely quiver as he drops them over the eyes that but a moment before reflected the grand beauty of the unfortunate woman for whom he so lately protested the most fervent love.

The next moment the court was opened and Miss Dare's name was called by the District Attorney.

With a last look at the unresponsive prisoner, Imogene rose, took her place on the witness stand and faced the jury.

It was a memorable moment. If the curious and impressible crowd of spectators about her had been ignorant of her true relations to the accused, the deadly stillness and immobility of her bearing would have convinced them that emotion of the deepest nature lay behind the still, white mask she had thought fit to assume. That she was beautiful and confronted them from that common stand as from a throne, did not serve to lessen the impression she made.

The officer held the Bible toward her. With a look that Mr. Byrd was fain to consider one of natural shrinking only, she laid her white hand upon it; but at the intimation from the officer, "The right hand, if you please, miss," she started and made the exchange he suggested, while at the same moment there rang upon her ear the voice of the clerk as he administered the awful adjuration that she should, as she believed and hoped in Eternal mercy, tell the truth as between this man and the law and keep not one tittle back. The book was then lifted to her lips by the officer, and withdrawn.

"Take your seat, Miss Dare," said the District Attorney. And the examination began.

"Your name, if you please?"

"Imogene Dare."

"Are you married or single?"

"I am single."

"Where were you born?"

Now this was a painful question to one of her history. Indeed, she showed it to be so by the flush which rose to her cheek and by the decided trembling of her proud lip. But she did not seek to evade it.

"Sir," she said, "I cannot answer you. I never heard any of the particulars of my birth. I was a foundling."

The mingled gentleness and dignity with which she made this acknowledgment won for her the instantaneous sympathy of all present. Mr. Orcutt saw this, and the flash of indignation that had involuntarily passed between him and the prisoner subsided as quickly as it arose.

Mr. Ferris went on.

"Where do you live?"

"In this town?"

"With whom do you live?"

"I am boarding at present with a woman of the name of Kennedy. I support myself by my needle," she hurriedly added, as though anxious to forestall his next question.

Seeing the prisoner start at this, Imogene lifted her head still higher. Evidently this former lover of hers knew little of her movements since they parted so many weeks ago.

"And how long is it since you supported yourself in this way?" asked the District Attorney.

"For a few weeks only. Formerly," she said, making a slight inclination in the direction of the prisoner's counsel, "I lived in the household of Mr. Orcutt, where I occupied the position of assistant to the lady who looks after his domestic affairs." And her eye met the lawyer's with a look of pride that made him inwardly cringe, though not even the jealous glance of the prisoner could detect that an eyelash quivered or a flicker disturbed the studied serenity of his gaze.

The District Attorney opened his lips as if to pursue this topic, but, meeting his opponent's eye, concluded to waive further preliminaries and proceed at once to the more serious part of the examination.

"Miss Dare," said he, "will you look at the prisoner and tell us if you have any acquaintance with him?"

Slowly she prepared to reply; slowly she turned her head and let her glance traverse that vast crowd till it settled upon her former lover. The look which passed like lightning across her face as she encountered his gaze fixed for the first time steadily upon her own, no one in that assemblage ever forgot.

"Yes," she returned, quietly, but in a tone that made Mansell quiver and look away, despite his iron self-command; "I know him."

"Will you be kind enough to say how long you have known him and where it was you first made his acquaintance?"

"I met him first in Buffalo some four months since," was the steady

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