CHAPTER XXVIII. (Continued.)

New Zealand Tablet, Volume XXI, Issue 2, 12 May 1893, Page 21

CHAPTER XXVIII. (Continued.)

Joe Cooney obeyed thise orders to the letter. Bat what wai his amazement, some ten minutes after delivering his message to the attorney, to see that gentleman rapidly taking notes, and the sheriff's officsr himself bending over him and whispering in his ear. " Be tbe hokey, he's enchanted," mattered Joe Cooney to him* self. Bat the matter was qnite simple; far Joe had scarcely galloped oat of sight of his two companions when a car, after depositing a commercial traveller and bis traps in the next town, came up, and Marty Magrath was not the man to let such a piece of good luck go unutilised. So while the junior counsel went on laying the foundation of his fame, Mr Rafferty went on taking notes, and then harried off to the Record Court for the senior counsel, who was very soon in his place again, with Mr Rafferty's notes in his hand. At this stage, and in the midst of the dead silence that followed the junior counsel's able and lucid argument in favour of a short adjournment of the proceedings, the court was startled from its pro* priety by a load cry, the precise character of which it was not easy to determine. Every one looked up in surprise and expectancy. But Tom Dwyer—though for a moment as startled as anybody elsecould not, for the life of him, suppress an irresistable tendency to laugh ; for in that cry that so inopportunely broke the silence of tbe crowded court, he recognised one of Cauth Manogue's familiar yells, he till that moment being unaware of her presence at tbe trial. Glancing in the direction indicated by Caath's wide-open eyes, Tom Dwyer could scarcely repress an exclamation of surprise when he beheld George Ponsonby walking quietly towards the steps by which he was to ascend the witness table. "My lord," said the sen-or counsel, " this matter may be allowed to drop. We are now prepared to go on. Call George Ponsonby." There was considerable surprise and some commotion observable among tbe Crown Prosecutor's assistants as Ponsonby took his place in tbe witness chair, and Sub-constable Joe Sproul and three other policemen were hurriedly called into consultation. The witness, however, was sworn, and in reply to counsel stated " that he remembered the morning the prisoner, Thomas Dwyer, called him into his bedroom at Corriglea, and gave him a whole suit of clothes ' from top to toe,' in which he (witness) dressed himself immediately, his old clothes not being ' particularly decent'; that finding himself so respectably dressed, he made up hiß mind to go and see hiß relations in tbe County Clare ; but having set some snares in the rabbit-burrow he said he'd go there in the hope of having a couple of graziers to give the old woman in whose house he lived before setting off on his journey. He Bat in the burrow for a long time watching his so ares ; but seeing no chance of catching a rabbit that day unless be waited until after nightfall, he put his snares in his pocket, and was goiogback to the place where he had been sitting for his old clothes, which wera tied up in a bundle when," continued the witcess, " I histle to my mouth, and blew it." Baiting the

action to the word, Ponsonby pointed his whistle at the presiding judge, who held up his hand as if he thought the witness was taking aim at bis nose with a view to shooting a pea at it. But the witness merely blew a long clear note, and before his lordship had time to move his band from his nose to his ear the white greyhound sprang lightly upon tbe table, and stood beside the witness chair, seemingly aamucb at bis ease as if be had leaped upon the parapet of Oorriglea bridge to take a view of tbe surrounding country. " My lord," interposed the senior counsel for the Crown, " I am instructed that this witness is a poor demented creature, whose evidence is qaite worthless." " Most of the gentlemen know me," said Ponsonby, pointing to the jury-box. " I know the nature of an oath," he continued— remembering Mur<y Magrath's instructions, during that rapid drive from Kuockgrana. " And I think I can confidently refer to tbe foreman and several gentlemen of the jury as to my character." " My lord," said the foreman, " the jury would like to bear what he has to say." •'When you blew the whistle," said the examining counsel, " what happened ? " " Just what happened now," Ponsonby answered. " Rover was by my side in a minute. I don't know bow it happened that he was within hearing, as Mr Armstrong had taken him home from Corriglea tbe day before. But I sat down to see what I had best do, as I was very anxious about Hover, and sorry to part from him. So some time passed while we were sitting under the thick bushes in the wood. Then I heard a step approaching, and Rover just ran out iutothe open space to see who it was. I thought it might be Bill Keerawan, and didn't mind. Bnt a shot was fired quite close to me, and when I looked up there was my beautiful hound struggling upon the ground, all covered with blood, and bowling with pain. I was mad," Ponsonbj went on, bis brown eyes flashing with anger. " I was in a rage. I didn't know what I was doing. He was going to fire again, but I rushed at him and flung him upon his face. Then I took up the gun, and ran to the big oak tree and smashed the stock in pieces. I knew tbe barrel exploded when I struck the stock against tb« oak tree. Bat I didn't mind. I ran to my poor dog, and was stooping over him when I was seized from behind by the neck. He dragged ma across the open space, and thonght to fling me down tbe precipice into tbe river." " Wfco was it did that 1 Did you know tbe person ? " counsel asked. "Of course I knew him," was the reply. " 'Twas Percy Perrington. • You d- d villain,' says he, ' you're after shooting me.' He had me over the brink of the precipice when be said this ; I remember seeing the water down below. I grasped a young ash tree when be flung me from him. But," tbe witness continued thoughtfully, " I think he over-reached himself trying to fling me over. All I can be sure of is that befell down head foremost, and I heard a splash in the river below." "Go on," said counsel, seeing that the witness paused — but fearing to throw bim off the track by a direct question. 41 Well," continued Ponsonby — his eyes, which up to this had been steadily turned towards tbe Bench, beginning to wander in the old dreamy fashion — " a great dread came over me then. I think I lost my presence of mind. I carried my poor wounded dog to the cave at the far-off side of the wood, and stopped tbe bleeding and picked some of tba shot from his shoulder, and tied a bandage round bis leg. I was wishing to bring bim to Rody Flynn, but I was too much afraid. So after nightfall myself and Rover started for the County Clare. I used to carry bim in my arms till he got used to limping on three legs, My friends received me kindly, but I was restless and uneasy all the time I was there, and last Sunday I beard something a*bout this business, and that night I had a very remarkable dream. fcso I came back to Knockgrans, travelling night aod day. I intended to go in next morning to make inquiries of Rody Flynn, only that fool, Bob Dee, stole my coat, as I knew I could believe anything he'd tell me — unless it happened in the Queen's County," Ponsonby added parenthetically. " Besides, there'B something in Rody Flynn's face," he went on. " That's the reason I always kept tbe fourpenny bit he gave me long ago, coming home from his wife's funeral. And for the same reason I said I'd keep the sixpence Martin Dwyer gave me that morning." " What did you do with that sixpence V couneel ventured to ask. "You see," the witness replied, "tbe pockets of these clothes that Tom Dwyer gave me were strange to ms, and when I was thinking which would be the best to keep Martin Dwyer's sixpence and Body Flynn's fourpenny bit in, so that I mightn't be tempted to change them when I'd be hungry, I felt a piece of paper in this waistcoat pocket. So I then folded them up in it, and held it in my band, undecided which pocket to keep it in." " Have you those pieoes of silver now f" counsel asked. 14 1 never aaw a sight of them since," returned Ponsonby. "I would not part with them for their weight in diamonds. There wii a small bole in Martin Dwyer's sixpence, and I said to myself

I'd get a hole like it bored in Body's foarpenny bit, and wear them like medafs." "Will the Crown produce these pieoei of silver?" prisoner's counsel asked. "If not, I'd like to ask a question of that Tery intelligent witness for the prosecution, Bnb-oonstable Spronl." "We admit the bole is the cix pence," said the prosecuting counsel. " Bnt let us lee whether we cannot get to the bottom of all this," he added, "Do yon know, if you are believed, yon mast stand in that dock and be tried for murder ?" he asked, taming to the witness with a terrible soowl. 11 1 know it," Ponsonby answered firmly. " Bat do you want me to let two innocent men be hnng or transported to save myself f Do you think I'd ever know an hoar's happiness if such a thing waa done. Am Ito allow Martin Dwyer's grey hairs to be brought with sorrow to the grave to save my own wretched life?" he asked indignantly, pointing as be spoke to the old farmer's pale, worn face, " No," he went on, rising to his feet and confronting the two grim judges on the bench, " I'd die a thousand deaths first." !40h,0f! 4 0h,0f coum, you'd do anything to save the life of Martin Dwyer's son I" the cross-examining counsel went on, nodding to the jury. " You'd do anything you'd be asked for Martin Dwyer's sake— wouldn't you now f" " My lord," said the foreman, " the jury desire me to say that it would be a useless waste of time to prolong the trial farther." " Are the jary unanimous that the two prisoners in the dock should be acquitted of the charge of being in any way concerned in causing Mr Perriogton's death ?" 41 Yep, my lord," the foreman replied, " we are prepared to band np a verdict of « Not guilty.' And the jary are farther of the opinion that bad the facts brought to light in the coarse of this trial been made known to the coroner's jury their verdict would have been one of ' accidental death.' " There was breathless silence for some seconds. The decision of the jury seemed to htve come too suddenly and unexpectedly for those most deeply concerned to comprehend its meaning, Nannie and Nellie left their seats, and looking appealingly op into Ambrose Armstrong's face, and speaking both together, in a whisper asked :— "Oh, Mr Armstrong, what does it mean ?" " It means, my dear," he replied, putting his handkerchief to his eyes, " that Tom will be home at Corriglea with you to-night. He'll walk out of that dock a free man in five minutes." Then the breathless silence waa broken, and Tom Dwyer's eyes were blinded with tears when he looked around and saw that his two little sisters had rushed into each other's arms with a cry of joy. A loud cheer rang through the court, and was taken up by the crowd outside. The two young men in the dock shook hands, but Tom Dwyer felt no way elated. He said mournfully to bis companion :— "We have nothing to be proud of, Con. But that poor fellow looking down at us " — for Ponsonby and his white greyhound were still on the table — that poor fellow has some reason to be proud." Martin Dwyer felt his hand gripped as if in an iron vice. " Do you remember the night yourself aod Joe Cooney saved me long ago ?" Mnrty Magrath asked. " I do well," Martin Dwyer replied. "So do I," returned the sheriff's officer, making room for his windpipe in the high white cravat, and then walking off with bis hands under bis coat-tails to see how Sammy Sloan was looking. And curiously enough at that identical moment Julia Flynn was standing by the side of the little brown cow, with her violet eyes turned towards the mountain. Oh, if sbe could only cry, she might be able to milk the little cow, and carry home her pail as usual. But with that dull pain at her heart, and that nervous faintne&s all over her, she felt as if she could do nothing in the world but just lie down and die. "Good news, Julia 1 Good news I" She looked towards the gate, and there was old Molly Dee whirling her crutch over ber head. Then the tears that were locked np all that day gushed forth, and Julia Flynn soon sat down to ber milking after a cry that did her heart good. Mr Armstrong was quite right. Tom Dwyer was home again at Corriglea that night. But that night week a nun was kneeling in her oell, from the window of which she could see the distant summit of the mountain near Corriglea. A great sorrow might be read in her pale, handsome face, which in the soft ccooolight looked still young. " Oh, God 1 " she exclaimed, clasping her bands, while the tears fell fast from her upturned eyes. " Oh, God ! there is not one belonging to me in the home where I was born I The old house is desolate to-night. "