"HAND AND RING,"

Auckland Star, Volume XXVI, Issue 4419, 12 July 1884, Page 3

"HAND AND RING,"

By Anna Kathewnk Grew. Author of "The Leavonworth Murdor," "Tho Sword ot Damodos," "Tho Defonoo oJ tho Prude," etc.

♦ —- CHAPTER XXVIII. THE CHIEF WITNESS YOB THE PROSECUTION. Oh, while you live toi. truth, and shame the devll- . -Henhy IV. Mr Bybd's countenance after the doparturo of his companion was anything but ohoorinl. 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 i jrcing hersolf to give testimony compromising to the man she loved. Yet when the morrow came ho was among the first to secure a seat in the court-room. Though tho sceno was likely to be harrowing to his feelings, he had no wish to loso it, and, indoed, chose such a position as would give him the best opportunity for observing tho prisoner and surveying tho witnesses. He was not tho only one on tho look-out for the testimony of Miss Dare. The in creased number of the spectators and tho genoral air of expectation visible in more than one of the chief actors in this terrible drama gave suspicious proof of tho fact; a -en if the deadly paller of the lady horsolf 1 tad not revealed her own feelings in regard t j the subject. Tho entrance of the prisoner was more marked, too, than usual. His air and manner were emphasised, so to speak, and his face, when ho turned it toward tho jury, wore an iron look of resolution that would ]i ive made him conspicuous had he occupied n less prominent position than that of the dock.

Alias Dare, who had flashed her eyes toTird him at the moment of his first appearmice, dropped them again, contrary to her n*ial custom. Was it because she know 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 ovor aid spoke to the prisoner. "Mr Mansell, said ho, "are you prepared to submit with composure to the ordeal of confronting Miss Daro ?" " Yes," was the stern roply. "I would then advise you to look at her now,"proceeded his oounsol. "She is not turned this way, and you can observe her without encountering her glance. A quick look at thiß moment m»y_ save you from botraying any undue emotion when you see li)r upon the stand." The accused smiled with a bitterness Mr Orcutt thought perfectly natural, and ("lowly prepared to obey. As he raised his eyes and allowed them to traverse the room, v itil they settled upon tho countenance of the woman he loved, this other man who, out of o more absorbing passion for linogone, was at that very moment doing all 1 liat lay in his power for the saving of this life 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 lovo, and he asked himsolf : " What w there in this Mansell that she should p efer him to me ?" And Orcutfc 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 hia secret, felt a' keen interest in watching how he would conduct himself <it this juncture. Not an expression of the lawyor'a keen and puzzling eye but wns seen by the District Attorney and noted, even if it was not understood.

Of the three, Mr Ferris was the first to •urn away, and his thoughts if thoy could h ire been put into words might have run something like this : " That man "—meaning Orcutt —"is doing the noblest work 0 ia human being can perform for another, and yet there is something in his face I do nit comprehend. Can it be he hopes to win Miss Dare by hi? effort to save his rival ?" As for the thoughts of the person thus v iconsciously 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 Man--Bell But who can read what lurks behind the iron of that sternly composed countenance? Not Imogene, not Orcutt, not Ferris. Hi 3 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 litely protested the most fervent '•re. The nsxt 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 fie witness stand and faced the jury. It was a memorable moment. It the curious and impressible crowd of spectators abeut her had been ignorant of her true relations to the accused, the deadly stillness and immobility of her bearing would have cjnriiiced them that emotion of the deepest n ituro lay behind the etill, white mask she hid thought fit to assume. That sho was beautiful and confronted them from that emimon stand as from a throne, did not sn-va to lessen the impression she made. Tho officer held the Bible toward her. With a look that Mr Byrd was fain t« congider ono of natural shrinking only, she laid hor white hand upon it; but at the intimation from the officer, " The right hand, if you please, misa," she started and made the exchange he suggested, while at the same mement 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 with"Take your seat, Miss Dare," said the District Attorney, And the examination bsßan. •^ Your name, if you please!" •' Imogene Dare." " Are you married or single ?" " 1 am single." " Where were you born ? Now this was a painful question to one of her history. Indeed, she showed it to bo 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. 1 never heard any of the particulars of my birth. I was a foundling.' Tho mingled gentleness and dignity with which she made this acknowledgment won for her the instantaneous sympathy of a'l 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 wont on. •' Wherodoyoulive?" " In this town 1" " With whom do you live V " I am board ing 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 quesSeeiu" theprieoner'sstart at this, Imogeno lifted her head still higher. Evidently this former lover of hers knew little of her movements since they parted so many weeks PLtO, "" And-how long is it since you supported yourself in this way 1" asked the District Attorney. , _ , „ , " For a fow weeks only. Formerly," she said, making a slight inclination in the direction of the prisoner's counsel, "I lived |i the household of Mr Orcutt, where I ocCipißofthe poeition of assistant to tho lady who looks after his domestic affairs." And her eye met the lawyer's with a look of wide that made him inwardly cringe, tnough not even the jealous glance of the prisoner could detect that an eyelash quivered or a flicker disturbed the studied «3renity of his gaze. . The District Attorney opened his lips as If to pursue thU topic, but, meeting his opponent's eye, concluded to waive further preliminaries and proceed at onpe to the more serious part of the examination. 5?" Miss Dare," said he, " will you look at tfie 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 f >rmer 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, dospite 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 bis acquaintance V'

"I mot him first in Buffalo somo four months since," was the steady reply. ' He was calling at a friend's house where I was " Did you at that time Icdow of his relation to your townswoman, Mrs Clommens I "No, sir. It was not till I had seen him several tiuifls that I learned ho had any connections in Sibley." " Miss Dire, you will excuse me, but it is highly desirable for tho court to know if the prisoner evor paid hia addresses to you? The deep, almost agonizing blush that coloured her white cheek answered as truly as the slow " Yes " that struggled painfully to her lips. , "And—excuse mo again, Miss Daro—did he propose marriage' to you!" "Ho did." " DidVou accopt him ? "I did not." _ " Did you refuse him ? "I rofused to engage myself to him. "Miss Dare, will you tell us when you left Buffalo ?" . „ " On the nineteenth day of August last. "Did the prisoner accompany you ?" "He did not." " Upon what sort of terms did you part ? "Good terms, sir." "Do you mean friendly torms, or such as are hold by a man and a woman betweon whom an attachment exists which, under favourable circumstances, may culminato in marriage ?" "Tholattor, sir, I think." " Did you roceivo any letters from tho prisoner after your return to Sibloy ?" " Yes, sir." " And did you answor them ?

"I did." " Miss Daro, may I now ask what reasons you gave tho prisoner for declining his offer —that is, if my friend does not objoct to tho quOßtion?" added tho District Attorney, turning with courtesy toward Mr Orcutt. Tho latter, who had started to his foot, bowod composedly and prepared to vosumo his soat. "Idosiro to put nothing in tho \vay_ ot your eliciting tho whole truth concerning this matter," was his quiet, if somewhat constrained, response. Mr Ferris at once turned back to Miss Dare. " You will, then, answer," ho saul. Imogene liftod her head and complied. "I told him," Bho declared, with thrilling distinctness, " that he wa3 in no condition to marry. I am by nature an ambitious woman, and, not having suffered at that time, thought more of my position before the world than of what constitutes the worth and dignity of a man." Mo one who hoard those words could doubt they wore addressed to tho prisoner. Haughtily as sho hold horsclf, there was a deprecatory humility in her tono that neither judge nor jury could have olicitod from her. Naturally many oyes turned in tho diroction of the prisoner. They saw two white faces bofore them, that of the accused and that of his counsel, who sat near him. But the pallor of tho one was of scorn, and that of the other Well, np one who knew the relations of Mr Orcutt to tho witness cauld wondor that tho renownod lawyer shrank from hearing tho woman he loved confess her partiality for another man. Mr Ferris, who understood tho situation as well fls anyone, but who had passed the point where sympathy could interfere with his action, showed a disposition to press his advantage. "Miss Dare," ho inquired, "in declining tho proposal* of tho prisoner, did you stato to him in so many words these objections you have here mentioned ?" "I did."

"And what answer did ho giro you ?" "Ho replied that he was also ambitious, and hoped and intended to make a success in life."

" And did he tell you how ho hoped and intended to make a success!"

"Miss Dare, wero these letters written by you ?" She looked at tho packet he held toward her, started as sho sw tho broad black ribbon that encircled it, and bowed her head.

"I have no doubt flieso aro my lotters," she rejoined, a little tremulously for her. And unbinding tho packet, she examined its contents. " Yes, she answered, " they are. These, letters were all written by me."

Aiid she handed thorn back with such haste that tho ribbon which bound them remained in her fingers, where consciously or unconsciously she held it clutched nil through the remaining time of her examination.

" Now," said the District Attornoy, " I propose to read two of these letters. Does my friend wish to look at them before I offer them in evidence ?" holding them 'out to Mr Orcutt.

Every eye in the court room was fixed upon the latter's face, as the letters addressed to his rival by the woman he wished to make his wife were tendered in this public manner to his inspection. Even th* iron face of Mansell relaxed into an expression of commiseration as he turned ana surveyed tho man who, in despite of tho anomalous position they held toward each other, was thus engaged in battling for his life before the eyes of the whole world. At that instant there was not a spectator who did not feel that Tremont Orcutt was the hero of the moment.

He slowly turned to the prisoner. " Have you any objection to these letters being read ?" "No," returned the other in a low tone.

Mr Orcutt turned firmly -to the District Attorney. "Youmayread them if you think proper," said he.

Mr Ferris bowed; the letters were marked as exhibits.by the stenographic roportor who was taking the minutes uf tho testimony and handed back to Ferris, who proceeded to read the following in a clear voice to the jury: "Sibmy, N.Y., September 7, 18S2. " Dear Friend, —You show signs of impatience, and ask for a word to help you through this period of uncertainty and unrest. What can I say more than I have said? That I believe in you and in your invention, and proudly wait for the hour when you will come to claim me with the fruit of your labours in your hand. lam impatient myself, but I have more trust than you. Some one will see the valuo of your work before long, or else your aunt will interest herself in your success, and lend you that practical assistance which you need to start you in tho way of fortune and fame. I cannot think you are going ta fail. I will not allow myself to look forward to anything less than success for you and happiness for myself. For the one involves the other, as you must know by this time, or else believe me to be the most heartless of coquettes. "Wishing to see you, but of tho opinion that further meetings between us would be unwise till our future looks more Bottled, I remain, hopefully yours, "Imogene Dake." " The other letter I propose to read," continued Mr Ferris, "is dated September 23rd, three days before the widow's death." " Dear Craik,—Since you insist upon seeing me, and say that you have reasons of your own for not visiting me openly, I will consent to meet you at the trynting spot you mention, though all such underhand dealings are as foreign to my nature as I believe them to be to yours. " Trusting that fortuno will so favour us as to make it unnecessary for us to meet in this way more than once, I wait in anxiety for your coming. "Imogens Dare." These letters, unfolding relations that, up to this time, had been barely surmised by the persons congregated before her, created a great impression. To those especially who knew her and believed her to be engaged to Mr Orcutt the surprise was wellnigh thrilling. The witness seemed to feel this, and bestowed a short, quick glance upon the lawyer that may have partially recompensed him for tho unpleasantness of the general curiosity. The Prosecuting Attorney wont on without pauao: " Miss Dare," said he, "did you meet the prisoner as you promised ?" " I did."

" Will you tell me when and whore ?" " On the afternoon of Monday, September 27th, in the glade back of Mrs Clemmens's house."

" Miss Dare, we fully realise the pain it mast cost you to refer to these matters, but I must request you to tell ua what passed between you at this interview ?" "If you will ask me questions, sir, I will answer them with the truth the subject demands." The sorrowful dignity with which this was said called forth a bow from the Prosecuting Attorney. "Very well,"'he rejoined, "did the prisoner have anything to cay about hi 3 prospects?" "He did." " How did he speak of them ?" '.' Daspondingly." " And what reason did he give for this 1" "He said he had failed to interest any capitalist in his invention." '.'Any other reason?" "Yes." "What was that?" " That he had just come from his aunt, whom he had tried to persuade to advance

him a sum of money to carry out his wishes, but that she had refusod." "He told you that?" " Yes, sir. " Did'ho also toll you what path ho had takon to his aunt's house?" " No, sir." " Was there anything said by him to show he did not take tho secret path through the woods and across the bog to her back door?" " No, sir." " Or that he did not return in the same way ?" "No, sir." " Miss Dare, did tho prisoner express to you at this time irritation as well as regret at the result of his efforts to olicit money from his aunt ?" "Yes," was the evidently forced roply. "Can you romember any words that he used which would tend to show the condition of his mind ?" "I havo no memory for words," sho bogan, but flushed as she mot the eye of tho Judge, and perhaps romembored hor oath. " I do recollect, however, one expression he used. He said :' My life is worth nothing to mo without success. If only to win you, I must put this matter through ; and I will do it yet.'" Sho repeated this quietly, giving it no emphasis and scarcely any inflection, as if sho hoped by her mechanical way of uttering it to rob it. of any special moaning. But she did not succoed, as was shown by tho compassionate tono in which Mr Ferris next addressed hor. " Miss Daro, did you express any anger yourself at tho refusal of Mrs Clemmons to assist tho prisoner by londing him such inouoys as ho roquirod ?" " Yos, sir; I fear I did. It seemed unreasonable to mo then, and I was very anxious ho should havo that opportunity to make fame and fortune which I thought hia genius moritod." "Miss Daro," inquired the District Attorney, calling to his aid such words as ho had heard from old Sally in reference to this interview, "did you mnkeusoof any such expression as this : ' I wish I know Mrs Clommone' ?" "I beliovo I did." " And did this mean you had no acquaintance with tho murdered woman at that timo?" pursued Mr Ferris, half-turning to the prisoner's counsel, as if he anticipated ' tho objection which that gentleman might very properly make to a nuestion concor»ing tho intention of a witness. And Mr Orcutt, yielding to professional instinct, did indeed make a slight movoment as if to rise, but became instantly motionless. Nothing could bo more painful to him than to wrangle before tho crowded court-room over these dealings botweon the woman ho loved and the man lie was now defending. Mr Ferris turnod back to tho witness and waited her answer. It came without hesitation.

" It meant that, sir." " And what did tho prisoner say when you cjnvo utteranco to this wish I" " Ho asked mo why I desired to know

her." " And what did you reply ? "That if I knew her I might b« ablo to porsuads her to listen to kis roquwt." 11 And what answer had he for this V " Nono but a quick shake of his head," "Miss Daro ; up to the time of this interview had you OTor rocoivod any gift from the prisonor—jewollory, for instance—say, a ring?" "No, sir. " Did he oftur you such a gift theu J'

"He did." " What was it ?"' " A gold ring »ot with a diamend." "Did you rocoivo it?" " No, sir, I felt that in taking n ring from him I would bo giving an irrovocabta promise, and I was not ready to do that." " Did you allow him to pat it on your finger ?" "I did."

"And it remained thore?" suggested Mr Ferris, with a smile. " A minute, may bo." " Which of you. then, took It oil?" "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 : " Wero they thc*o :' I cannot. Wait till to-morrow t"

" Yes, I boliovo they wor«." " And when ho inquired: ' Why tomorrow ?' did you rsply: ' A night has been known to change the whole current of one's affairs' ?" " I did."

" Miss Dare, what did you moan by ilioso words?"

"I object!" cried Mr Orcntt, rising. Unseen by any savo himself, tho prisoner had mado him an eloquent gesturo, slight but peremptory. " I think it is ono I have a right to aak," urged tho District Attornoy. But Mr Orcutt, who manifestly had tho best of tho argument, maintained his objootion, and the Court instantly ruled In hit favour.

Mr Ferris prepared to modify his question. But before lie could speak the rolca of Mies Daro was heard.

"Gentlemen," said she, " thero was no need of all this talk. I intended to seek an interview with Mrs Clemmens, and try whit the effect would bo of confiding to her my interest in her nephew."

The dignified simplicity with which »he spoke, and the air of quiet candour that for that one moment surrounded hor, gave to this voluntary explanation an unexpected force that carried it quite homo to the hearts of the jury. |<yen Mr Orcutt could not preserve the frown with which he hud 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 ether return than that shadow of a bitter smilo which now and then vhited his othorwiss unmoved countenance.

Mr Ferris, who in his friendship fer the witness was secretly rejoiced in an explnnation which separated her from the crime of her lover, bowed in acknowledgment of the answer she had boon pleased to give him is the face of the ruling »f the Court, and calmly proceeded: " And wkat reply did the prisoner make you when you uttored this remark in reference to the change that a xingle day sometimes makes in one's affair's ?'.' " Something in the way of asteni." ■" 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 t" " I cannot cay 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 lot the results of his examination sink into tho minds of the jury; then he went on : "Miss Dare, yon say you returned tho ring to the prisoner ?" " Yes, sir." "You say positively tho ring passed from you to him; that you saw it in his hand after it had loft yours ?" "No, sir. The ring passed from me to him, but I did not sec it in bis hand, because I did not return it to him that way. I dropped it into his pocket."

At this acknowledgment, which 'mado both the prisoner and his counsel look ap, Mr Byrd felt himself nudged by Hickory. " Did you hear that ?" ho whispered. "Yes," returned tho other. "And do you believe it?" " Miss Dare ie on oath," was the reply, "Pooh!" was Hickory's whispered oxclamation.

The District Attorney alone showed no surprise.

"You dropped it into his pocket?" he resumed. '' How came you to do that t" " I was weary of the strife which had followed my refusal to accept this token. Ho would not tako it; from mo 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 tho left side of his coat," she returned, with a cold nnd 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 hie 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 hia pocket, or have you any reason to beliovs that it was taken out of the pocket on the left-hand side of hia 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 aince ?"

"I havo." " When and whore?" " I saw it on the morning of the murder. It was lying on tho floor of Mrs Clemmens's dining-room. I had gone to the house, in !my surprise at hearing of tho murderous assault which had been made upon her, and whilo surveying the Bpot where she was struck, perceived this ring lying on the floor beforo mo." " What mado you think it was this ring which you had returned to tho prisoner the day before ?" " Because of its setting, and tho character of the gem, I suppose." "Could you sco all this whore it was lying on the floor ?" "It was brought nearer to my eyes, sir. A gentleman who was standing near, pinked it up and offered it to mo, supposing it was mine. As he hold it out in his open palm I saw it plainly. " Miss Dare, will you toll us what you did when you first saw this ring lying on the floor?" . " I covered it with my foot." " Was that beforo you recognised it I" "I cannot say. I placed my foot upon it instinctively " " How long did you keep it thoro ?" " Somo fow minutes." " What caused you to move at last I" "I was surprised." " What surprised you ?" " A man camo to tho door." "Whatman?" " I don't know. A stranger to mo. Somo ono who had boen sent on an errand connected with this affair." " What did ho say or do to surpriso you 1" "Nothing. It was what you said yourself after the man had gono." " And what did I say, Miss Daro J" Sho cast him a look of tho faintost.appoal, but answered quiotly: " Somothing about its not being tho tramp who had committed thia crime." " That surprised you ?" " That mado mo start." " Miss Dare, were you present in tho house when tho dying woman spoke the ono or two exclamations which havo bcon testified to in this trial ?" "Yes, sir." " What was the burden of the first spoech you hoard!" " Tho words Hand, sir, and King. Sho ropcatcd tho two half a doxeu times. "Miss Daro, what did you say to tho gentleman who showed you tho ring and asked if it wore yours ?" "I told him it was mine, and took it and placet! it on my finger." " But the ring wan not youra?" "My acceptance of it mado it mine. In all but that regard it had beon mino over since Mr Mansoil otlerod it to mo tha day boforo." Mr Ferris surveyed tho witness for a moment boforo saying: "Thon you censidorcd it damaging to your lovor to have this ring found in that apartment ?" Mr Orcutt instantly roso to object.

"I wou't press tho question," said the District Attorney, with a wavo of his hand and a slight look at tho jury.

" You ought uevor to havo usked it?" ex claimed Mr Orcutt, with tho first appear anco of hoat ho had shswn.

"You are right," Mr Ferris coolly responded. "The jury could sco tho peint without any assistance from you or me." , " And tho jury," roturned Mr Orcuttj with equal coolnoss, "isscarcely obliged to you for tho suggestion." "Well, wo won't quarrel about it," declared Mr Ferris.

" We won't quarrol about anything," rotorted Mr Orcutt. "Wo will try tlio coao in a legal manner," "Havo you got through?' inquired Mr Ferris, nettled.

Mr Orcutt took hl.s scat with the simple reply: " Go on with tho coat.

Tlio District Attorney, after a momentary pause to regain the thread of hid examination and rocoror his equanimity, turned to tho witness.

"Mus Daro," ho asked, "how long did you keep that ring ou yourflugur after ycu left the houeo?"

" A little while—live or ten minutes per' hap«."

" Whore woro you when you took ii offf Her voice sank just a trifle :

"On the bridge at Warron-stroet."

" What did you do with it thon ?" Her ayes, which had boon upon tho Attorney's face, fell slowly. " I dropped it into the water," she said. And the character of hor thoughts and suspicions at that timo stood revealed.

Tho Prosecuting Attorney allowed himself a few more questions. " Whon you parted with tho prisoner in the woods, was it with any arrangement for mooting again beforo ho returned to Buffalo ?"

"No, sir."

"Give us tho final words of your conversation, if you please." " Wo woro just parting, and I had turned to ge, when ho said : ' Is it good-by, thon, Imogone!' and I answered, ' That tomorrow must docido.' ' Shall I stay, then V he inquirod ; to which I replied, 'Yes.' "

'Twos a short, seemingly literal, repetition of possibly innocent words, bat the whisper into which her voice sank at tho final " Ym " endowed it with a thrilling effect for which even sho was not prepared. Fer she shuddered as she realised the deathly quiet that followed ita utteranco, and coot 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 Clommons," gho explained, turning toward the Judgo with indescribable dignity. "We understand that," remarked tho Prosecuting Attorney, kindly, and thon inquired : " Was this the last you saw of the prisoner until to-day 1"

"No, sir."

" When did you see him again?" " On the following Wednesday." "Where?" " In tho deput at Syracuse." " How came you to bo in Syracuse the day after tho 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 wero coming ?" " No, sir."

"Had no communication passed between you from tho time you parted in ths woods till you came upon each other in tha depot you have just mentioned ?" "No, sir."

"Had he no reason to expect to meet you there ?" "No, sir."

" With what words did you accosts each othor!"

"I don't know. I hare no remembrance of saying anything. I wa* utterly dumbfounded at soeing him in this place, and cannot say into what exclamation I may hare been betrayed."

" And ho! Don't you remember what he said?"

"No, sir. I only know ho started back with a look of great surprise. Afterward he naked if I were o« 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 thero would have believed her, "You can toll us, howover, if you held any conversation ?" "Wo did not." "And you can toll us how the interview terminated ?" . " Yes, sir. I turned away and took the train back homo which I saw standing on tho track without." "And ho?" "Turnod away also. Where he wont I cannot say." "Miss Dare" — tho District Attorney's voice was very earnest—" can you tell us which of you made tho first movement to go?" '' What does ho moan by that ?" whispered Hickory to Byrd. "I think " sho commenced and paused. Her eyes, in wandering over tho throng of spectators before her, had settled on thess two detectives, and noting tho breathless way in which they looked at her, she seemed to realise 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." "Aro you sure?" persisted Mr Ferris. " You are on oath, Miss Dare. Is there no way in which you can make certain whether hf> or you took ths initiatory step in this sudden parting after an event that so materially changed your mutual prospects V " 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 taka. The instinct to leave the place had its birth in my own breast."

"I told you so," oommonted 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 tho first motion to leave ?"

"The witness is yours." Mr Ferris sat down perfectly satisfied. He had dexterously brought out Imogone's suspicions of tho prisoner's guilt, and know that the jury must bo influenced in thoir convictions by thoso of the woman who, of all the world, ought to have believed, if sho could, in the innocence of her lovor. He did not even fear tho cross-examination which ho expected to follow. No amount of skill on tho part of Orcutt could oxtract othor than tho truth, and the truth was that Imogeno believed tho prisoner to be the murderer of his aunt. Ho, therefore, surveyed tho court-room with a smile, and awaited tho somowhat slow proceedings of his opponent with-equanimity. Rut, to tlio surprise of ovory one, Mr Orcutt, after a short consultation with tho prisoner, roso and said ho had no questions to put to tho witness. And Miss Daro was allowed to withdraw from tho stand, to tho great satisfaction of Mr Ferris, who found himsolf by this move in a still better position than ho had anticipated. "Byrd," whispored Hickory, as Miss Daro returned somowhat tremulously to hor former scat among tho witnesses —"Byrd, you could knock mo ovor with a feather. I thought the dofonco would havo no dilli culty in riddling this woman's testimony, and thoy havo not ovon mado tho ofl'ort. Can it bo that Orcutt has such an attachment for hor that ho is going to let hia rival hang !" "No. Orcutt isn't tho mail to deliberately lose a caso for any woman. 1 le looks at Miss Dare's testimony from a dillbront standpoint than you co. Ho bolioves what eho says to bo tnio, and you do not." " Thon, all I'vo got to say, ' So much tho worso for Mansell I'" was tho whisperod rospouso. "Ho was a foil to trust his caso to that man."

The judgo, tlio jury, and all tho bystanders in court, it, must bo confessed, shared tho opinion of Hickory—Mr Orcutt was standing on slippery ground.