Newspapers / The Charlotte Observer (Charlotte, … / Sept. 2, 1906, edition 1 / Page 18
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jte':' ;"'3!rrr!!r :"" "' ' . " '' ' Jamm mm wmmm sassssssssssssss-; BY FnEDEfUCK ! uTh Case mud Eicrplton Ttw minority," TI YVrbh," Etc. V - .'. J" ' ' . . ....II I. .1.1 I -HH. ' (Copyright. 1W. by Harper A Brothers. All Rights Reserved- . ' ' CHAPTER XX. : "a sleepless night usuu II y w' J": ' terailnulue, but the hours I 'etd and turned on , my led In the Melton IIoun a. after that day a experience flrly flew on black wlnga, and nu criminal await--. lag execution ever shunned the ap- ' broaching lUwn more eliunderlngiy th.ul i - 1 si the aim row on the fourth duy of it. trint Tim dutv which hail been Imposed on me had depressed roe . ,, ...... -------- - . . , niorc .jt.-ironi in .,;. .,,..11 1, burdeneome with eveijr "'""i,,, ' . When the euaph lon of (he houaekeep er a guilt ftrat ntered my mind, I le- lieved a brllllMiit opportunity lay before me: but us I eti-uad throiiKh the limn f boura of the nlaht Hnotl.er ixmrnblllty J presented itself and added to my rr apontlbllitles Huppose that only a iwrt of my auplclonn wre Justified. and that. Instead of rleailna; the d..fendiint. 1 merely wucieedrd In unearthing her la r y eiaaaer unun t. . : aecompl'ceT This thought no sooner croesiMi " ' mlnd than It took posnesslon or it. ci i - ing up facta and linni. stances to i e It substance nnd suport. I he two - the same house and doubtless ethers secrets. Usrslow una nin'j it,, hnnaekeelicr to leuve UK' flute during the preliminary InycilKn "lorn. and his advice was fully JusuH.nI y the little I knew. Hhe had alinost admitled In mv hearing I hat she had - 't ' .aned the Field art I Into silence ''"'cern- ft .'h a ! aJnu, aha tut. I I I II T firl "lUIIII ill' v'w'-' Jurisdiction of Hie ...urt. Hie proseciitl.ui i ",' had iununone.1 l.er as witness anil 1 5. kaew. If OIIImtI dl.l not. that she li.i.l .. . V occupied Alice Knun)'. r"on?.l"1? ) KlaKi Hhnw'a life w i" taken. luit em v . , the algnlfli iince of these ugi - ...-f. 1 1. . m lt,K-t 4 1 1 I 1 1 1 1 1 r lit. I' m them all whh h til"t.-.i cle.nly to the , a i.,...., -. (In the contrnry, .. .". " ".v. i " I ,l. n,.w lie- i.. velonments? truth ciincernlng the runaway iw in , . reoenteil her lrmnii t the last rn- . : ' . ... .. i ... .nt i.r M..ir iiini rneni, nno an'-mi""- the Field alii Ih-oiii ieai-h of the pniw l". eutor'a aiil-len.i. or had HarstoW klil tmnned the two wom.-li and ordele.l I. r . . ., ... ..r tu Htiilt. lint- ml keen Ihcm out of harm" way until the trial w over? Hunt s disjointed I'.' eentences s.med to have the mntter in no doebt-but could I rely on them? Ths conversation at ine iiirra-nuu r roved that Harstow and Ml'" ""l1" were t onus over me i,,,,, i-.... , i be pursued, and it might lie that the lawyer hail rewnteU to force rather than , submit to a disarrangement of his plans iloreover. the condition of the carriage doors was suspicious evidence that Its ficciipsnts were prisoners. Hut If tins i were the true esphniatlon of the affair i It demonstrated the lunsirtance whlcli bed to the women's testl- ! monr. He would never have incurred the risk of carrying them off unless their rsreaence seriously threatened his client. Slad I Intufered Willi one of his meas ures for hrr safetv and ennhled the rroeecutlon to procure testimony which would Incriminate or convict her' Was It not enough that I should he charged with Judging Mat ham Krnyne's friend Without being fated to supply the proof . against her? Thus all night long my mind evolved ffiiestlnna and unmi rs. and ipiestiona Without answers leading to more ques tions Still, until I fell asleep from sheer exheusth" Just as the breakfast-bell waa rlhglnK 'and when I reached fllnlng-rom I found the other Jurors bail already started f.,r the court I had no at)petlt Imwevir. and, after alnlv at tempting I- lone myself to c;,t I rose from the table all. I lelu tllilly followed lOV associates. 1 think the court-room was even more rrnwded than on the llrst day of the trial, anil as 1 ellmwcd my way to the jury-box I was mote painfully aware nf the concentrated stale of the stiectatora than ever before I was conscious r.t a chnnve ill the ii t inosnhere of in' place which filled ine with dread. Formerly the audieme had lieen curious and apathetic Now- I felt It was cutl otis and unsvmisilhi lie. wauling i.nlv Blight piovocallon to become hard nnd cruel, and I renieniliered with " sinking heart Ihnt each siaeeedlng exhibition in the Itoman nmphltheatte counted u i greater number of Inverted thumb". I "The Judge wants to .m In his private room." wh.spi-ied a ourt atten dant In niy r.ir. I startei nl the summon", but lose and followed the man. I.eloig e el v eye In III place upon me lis I rosse.l tin- 1 room Judge T'mlUv a. V now ledged mv cn tranre with a cave linllnnHon of Id" head ns the .loo, closed behind n c. bot Ida reception was fur frnm rordlnl lo teed. his Willi, exptesslon so iom..r ly ocetiied mv attention thai I did lint Immediately nl.mlM' that (lilberl nnd Jtaretow were a!so jai-sent Hefi.re 1 COUld con lei t II! what Was coonoll, bis Jiimnr interrupted mv tbouKht hv lo wering nie to sit down "Mr I.amhett." he began. "I was ves. terrlliy ndlel lhaj vou the fotetmio ' thla Jui v. conteinpl:ite HsoIm- Ing the orders nf thla coin I ami were only w enled from so d"W'K h accident I take nv,.ieiun to Inbaia ion sir. 1 . . r :i hench-wni Hint w is U.ticd far your ar rest nnd woi,M ble liern elerllled tul'l pot Mr 'nmlng "found Vou within In etesd of wltliout fl.e IliitUS of Mellon townihlp Now. sit. uul'e ii im it from any linestlnu of the rrsn. I whh'h voil il this i o ut. I am smtulseil Ihnt a gentleman of your Intellitrem . sIc.oM Jeopfirdil" t tie , mfort of his fellow' -Jurors. o siiv nuthlng of Impel llllng the conduit of this ins.- bv biking undue advsiilage of the liberty ii. i or, , liltn J liHV- leflslned fiom efifolillig strbt ruslnilv of the pit v. .mil It Is entirely dll lO then,. l-.nll.U ' 1 1 C ..., Ills liatid towi'rtl lh I i w t - "Hull 1 do not how Im so Ib.si vel I iro VI that no li.'i i Mo,, .,f .-iii .-r the lett. .r the s iil of m otdeis Will be tole rated Ir f ,i ,r. aid If ..u hue rio o.n- aidi-riitloii fa I mr.-it ..ur i- eoflstes oi will do will to hi'c tifctaiil for yjur o u -ifilv I'.al ! nil I hnve to Sa', s t Vou i now Ictuin to jour pUi c I'l th- W hoi 1 fuse flom in. - i' f! 1 1 - 1 1 1 1 1 If l'h In- IIIIIllllllIM I II IO ' ' l S. .inn K ll v SS'hisil Isiy lei I .I.U n .t plo,..ie lo be 1 M ...... I , "If Jim' I vv ,11 p. i mil me " f hegnti w 1 1 h ,) in in I " m.,.. , I., if t .i i. . in.. f. I ...i l.ett." tin jidtic ml. i , pi. I i ii Mi 'I linnw lour ecu-c .in It I- ho I , 1 TftU II1JI i I el 1 . SIT inn viiui iioiioi i i i ii.i h., i The old ii. in t in in .1 oi, me I i. . , s . f.M-iniiB su.i iii- . 'i l" u ' il ion M Ann set hi i nl v ion m.iv reiiie sir i.niiiin'11 tie thundered ' In I vou he.ii nu Yo. J tiiay rctu "' I i.,.. i..i t..K..,i ii... .i ..... .... i ... entered tlm unii' room, iuv fa. e still hH With anger Itefnte mv fellow Jiilina '',;.' '"OIlM i-IUI-slii.il nu hoWevet. an ntten- '). dant announced it., ulnnl of ih imlae. -.'. anu his Honor l il his place umui the if ' , ' liench. Then, ns my eyes f. uHin 7T. CMIbert. my wti.ih tsn-lved fresh tin- I'""-' 4 ' '"'I'giul- . w..V..e ,f im . .i ii..,. i ,,i. 1 1 V i. ,. .!! ii i . . I ' . ' " " - . ana emimrrnss me nml the fa. i n,ai t i r . 1A ..... ....... - ' 1 ... ..onion uir. - v v 1 per" mum sons com per. s.i 1 loti liomi'Vel. ." ' . n remembering my tnoiiilng with Miss '' Frayee. and I dwelt iiin It oltli i . a-Ntlvfjirtlr.n im the (-la.i w ';" f the Jury. Jlefore the lust man an '. f ewersd to his name, however. Judge iMiie j pifijMsj Hie priieeeiiings Willi a rev oi nis gsvei on ine uesu. t;H ,"Wlt a moment!" he ordered. ,1". I ui'ieii- i ....... " - ... ,,.,ni ii.m-w irus i . snesn. Mr. liorstow"' The lawyer roee. and. stepping to tha tailing, laid his harass upon It and gss ed earnestly at the Judge until he held the at lew Hon of every mna and woman In Hie room. "If you Honor please," he begsn, in a ,. low tone, lint which could tie distinctly . heard in the farthest corner of the room,-"I must ere ye the Indulgence of - the ceurt for tny client this morning, I rose from a-, sick-bed myself, only a few hours ago, to (Ind Miss -Ktnory wo (.eriotisly Indlspnaod that I Insisted upon bee seeing a physician, before She at tempted to appear In court. have word, however, that Slit la AO OH bar TRIiYOin. MILL way here and I trust your Honor will overlook the delay." . . Gilbert caught the Judge a eye aa i""--slow reused speaking, and immediately addressed the court. . . "I will very willingly consent to an adjournment If my opponent consmerB Ida client pliyalcally unequal to continue the trial," he announreo. I aiipretictata my learnco nu"""'? Uarstnw. nromouy !...., ff '.....,. ut'iail mifHilf of hie no wwmmi ;v - ' i cmirteny, nut my cueni o'nn" " 1 I to cwntlnua wltfiout d.-lny. and I agree n, ir aim iiti rxmniniv im iimni m i i,.i if aim -nii noaslhlv lie present only fair to he court and the-Jurora. to say nothing- of counsel und witnesses, i that she make the effort. We nre ready i to proi-eod at once, sir." he added, as a young ninn entered the rotirt-room and whispered something In his ear. ! A luVif -invratlon Instantly began i all over the room. nnd I thought I could detect sympathetic glances pass ling between tile spectators as they talk- led. I had feHred an uniavoraoie im i .,rr..,., ltliht he created by the prlson- , er nm , had apparently soft- fnfli ()( nuniiinig them. . At ( , , opened, Hnd every eye l)iln, ,.tered. leaning heavily on her con sul's arm. (the was very pale, nut ine same calm, resolute, fearless expression 'was In her eyes, ana I was impreeeeu anew with thp sweetness and gentleness of her face. Instinctively I felt a tide of sympsthy and pity surging around I her as she moved slowly towards the 'iniinnoTp table down the narrow nlsle lined with faces, iinil. conscious of Its effect upon myself, I glanced Inquiringly at the hardened court officials, and saw . thai even thev seemed moved to com passion "I the sight of the frail little i woman courageously facing her Judges I and nccuera. Ilnrstow apiieared wholly unconscious I of the pe tutors, for his Kuxe was cen tered on his client's fum with n tender ' ncss almost womanly In its sympathy, and lis I wntuhiM him - his great, coarse. ! red pnw renting gently nnd comfortlnK- , jy on the small hand laid within his supporting arm-1 modified my harsh 'judgment of tlu man and almost forgot mv suspicions aaalnst him. The llltle proi esslon halted before the counsel's table, und llarstowr tenderlv supported hia client as she slowly sank Into her -lmlr, mid then, laying his hand encoiirngingi y utnn ner snouiiier, wnisp- eted a few words In her ear and remain ed gaging earnestly Into her eyes until he received her answer. Then he turned to the llench. as aggressive and deter- I mln!-.! on ever'. We ure lenily to proceed your Hon or. "' he announced. In the firm, clear voice of challenge The picture liad been touching nnd pitiful. It was now bravo nnd dramatic, and as I thrilled to It I thought th whole room thrilled with me. it Then liavne touched me with his font, nnd. turning. I saw hlni trace four let ters on his knee H. II. A. M. f'HAI'TKH XXI. The shock of Hayne'g mule message numbed me for an Instant, but when I fully realised Its meaning I felt resent ful anil Irritated. I was provoked with my associate for presuming to warn nu' against being hoodwinked, and unnnvod with myself A cheap (tick to cutch the Jurv's sympathy was unite In line with llarstow's otiier dubious tactics, hut to admit that he hail . t templed It was to acknowledge that 1 had been taught, and 1 covertly scanned the faces of the other occupants of the lury-box to discover what Impression had len tnsde tisin them by the scene we hud Just witnessed. The result was not ie- e-; of assurliig. There was no Indication concern or sympathy In anv of the Juror's faces Indeeif, I thought I de tected signs of Impatience and disgust In more than one countenance ami I re luctantly remind the conclusion that Vii the only muu who had been deceiv ed by llarstow's chenp tnannnuvre Hut hll. f -ailrtill lj.l tlkia, I nv..l f 1 ariia i -rnsw-ljiiej of resentlrm the failure of the ' -. . . i i... . i . I . Ilarstow had at first llnntPKied me ns an able msn. truciib'nt and dlsagreejitile. but keen nutt resuurcef ul. Ilia conduct of the case, To wei er. had been singular ly dlsiipMilnling Ills defence had been wnbliful. hut his offence was feeble, iitul his strategy lint only Ineffective, hot iinacriitujluus. Hut if I had lost nil i onflilem e n tils genernNlilp It w.is evi denf -Htirt the defendant did not share mv misgivings Her face expressed Im plicit trust anil contldcnce In her adviser, and ns I walcbcd her eves following his eierv movement. I en pcrlenced a feellnir of intense nltv for the woman and :i de sire to protect her from lb" eirors of tli- blundering bullv ti whom she bad, liiltusted her life. I had no legal tlain Init wbalevir. but I nrgued that I w.ii ', in n better tvositlon than nnv luwver to I 1 1 -due the necessities ,,f the cjisc. tuul I determined to draw nlteutlon to Made bine Mupes at the tlist oi.ot t unit y and nav- n mNiarrlage of lusthi-. Mv r-solve wus no sooner taken than Ilarstow proceeded to lusllfv II bv a move whlih to my inlml was te. klcsslv foolish, for he nl on. e recalled the dls tislroiis close of tlii last day hv hioviuk I. i slrlke the bank- c.ishlet s teslltuonv f i mil the record The wlltiess had hoi , no right he declared to testify thai Hi. ' i h i'i 1 k s wpli the iliiiibtful signatures had I all been drawn to the order of Aide ; KmiTV . The ui tiers I hemsrlves, lis Inn , slsted. Were the best evidence of what thev contliii.,l. and lie demanded II. at ; thev b iitodiiced If any Inference was hi be dravwi ftoni their contents The onlv of! , I of this miici-i h was to i mih.' sire an Inluilous fact, for tlilbeit llmmedlatelv t"di.leil out that Itaisl.nv himself ha. I opened Hip dor for the cash lei's ills lo sin e bv Introducing the sub I led of the distillled i links. and th ai 1 having dune so II was too late for blm I to shut .ml unfavorable answers The Judge nn.iiitlv agreed with him. and the ib fi nil.inl's counsel took nu in i o " ! t ion to I lie ruling of I he ( 'mil t. r, I had hiaiil ItalsloW lller the Wold it ept Ion on ntliir no iisloiis whin the Judue bad dei blei against liltn. but not until then did I 1 1 ii 1 1 a bis purpose lie Wan lliolilllitf nil possible itlois of tlin l oilll on t,., Ill, I, ,, (mints of law. Ill llin hope of io cl t it nliK the viliild 111 i higher i unit lie was end em hum blm-' sell agaliisl the hour of ,h foul falling La. k upon his Hues of n ti. BI' Mv houit I sank at the illscovriy If lie was ii l Ing on ni I, In. ii be must have ci v little I Ollllilen, ,. m ,, i nis. ( he I thought nmiiseil mv luiligiia I ion and lint lush Impulse to iuv iau of iiiilon. f! lie had given up the Hk III I had not lies mi lighting,, toil when I dl.l I . would suneii.lci onlv wtu ii mv r.illli w.i. sbstlerrd and my eveiy coin I. I bui '""1'ii'd In Mi l.f.ni, please take the si and " I lo. phyalil.ui who bid lestiiled at the hist I, callus mse nl Gllbeits blddlnii . and a s he si eted himself In the witness. i hulr I ceased to he 11 mere spei tutor I ami bei Mine a volunteer. I'r Mi l ean testified Hint he was Mr , Gregoiy Hliaw's executor, acting under a will hi ili more than u year before, the jtcstiiiiii s death, mill which had been j nsularly ptnveii as his Inst will and ! -1 lament Has lucre any errnrt nnide by nnv oiie. do.ioi, in -Mine i be will leaving all'ed Mr HI.NW's pr.itiertv to his wife AM . '''In It 11.1. the disputed document In MB liaful lis be l.ut tin iniest on ..w - ... ...... "' "He iililivilieii eHiiecillliy SllllllOrT u I1SM I I ell. wus submitted to tin. I'oUlt and reject el " GllU-rl then offered In evidence the record of the probate rian t iiitlnit ting me une win an. I rejecting tlie other, anil nfler a long wrangle between the law- rrs the Judge received the prcrof. his I decision being again followed by lir. tT ,'",,,'" ; TPiioir I I'he admission nf this evidence did not seem Important to iim of course It wi.nl far In la-iivs llol 11. wife'' will wus a forgery, but It bv nn means Mum. nsl rated that the defendant had forged I hut document, w hich waa the real point of issue, hut Haratow eppaientlv scent ed danger, slid whn he turned to croee examlne Hie physician he was In big ugliest mood ' I had Iseen favorably Impressed by Ir, Maclean. He was a grave, earnest man. eignllied In his lies ring, precise .in his sneer h, sod anarentiy conscientious, but the moment Ills eyea met Rarstow'e tlare I could eoe there was no love loet st ween the two men. "you : re fa ml Us tv with Mr. Hhsw'e handwriting, are you not. doctor?" Ilar stow began, to a lirp tons, v : ,; t, .i', . 'i! .. ',V..'".t v'.'; ( "Tea, atr tolerably i go," the physician anaweretj. "Why so catitloua, doctor T" the croaa- examiner' queriea. -iiaren t . you seen him writ hundreds of tlmea and received oounueaa oommunlca ttona from html "I am familiar with hi writing, air 'Then aay so, doctor! You're not afraid of dropping a word which might favor mia at'ienuanv, are your ' --t The witness fluahed angrily at the n alnnatliiK queation, . . "JTou know I am not, girl" ha respond ed. indignantly. "It la not a question of what T know, but of what you know, doctor. We want the full benefit of your knowledge, with out tugs or mental reservations. Know Ing tha handwriting of the deceased aa you do, are you positive that thla la lila algnnture?" ' The lawyer held out tha will Of Which the witness waa executor. , " certnlnly am." ,' v 1 . ' 'Ton are poaltlveT" , f ' "Quite." ; "And thla algnnttire'on the "wife Will you believe thla to be a forgery?" , Karstow inruai ine document towaraa the wltneas, but the physician stared through lila gold-rimed anectaclea at hia (lueatloner Hnd aat back In hie chair without glancing at the paper. "It is not Important what I believe,' he answered, after a pnuae. "The quea tion of forgery la for the Court to de cide " "Still cautious, I aee, doctor." Bars tow sneered. "Ild you ever hear of the cautious Congressman who copyrighted his seech? Well, he died of hia trouble, and you're Injuring yourself. Won't you answer my oue Ing to com-eal lo uestion if yoirve notn- you believe this sig- nature on the "wife" will to be a for gery?" "Yes. air I do! Baratnw greeted the answer with a aiivage smlla. '(Jood!" he ejaculated. "Tou -can ana The witness hesitated and then shot out his answer like a retort. str when you want to. 1 aee. Now, tell us how thoss two algnatures differ one from the other." "I cannot do ao." Bat-stow put hia hand behind hia ear as though he had not caught the a ne wer "I ennnot do ao." The replv was repented firmly. In a low tone, but H.irMow was not aatts- lled. ki you mean to tell ua," he demanded, "that you do not know why you think one la genuine and the other a forgery?" "I 'cannot point out any particular dif ference In the signatures, If that la what you want." "You mean you have eome reasona not supplied by the signatures themselves for believing one forged and the other genuine?" "I'reclsely." Ilarstow stepped back from the railing nnd studied the Jury aa he put the next luestlon. "I.et us see If we rannot unearth some of those reasons, doctor. You receive i l,.Kn, ()f ten thousand dollars under the will (1u think genuine, do you not?" "-s, sir "That Is all, doctor. I won't trouble you further, tioial-duy. The court-room waa In a titter ns Ilar stow resumed his seat, but It Instantly hushed as the witness leaped from his limlr and pointed A shaking finger at the lawyer's face. "You are u liar and a coward, air!" he began.' but liefore he could continue the Ji dge's gravel crashed upon the desk. "Take your seat, lr. Miirlan!" he thundered. "How dare you use such language In my court, air!" The witness glanced at the angry magistrate and slowly retreated to hia chair, his face fairly distorted with rage. "Apoliiglim'" whispered Gilbert, quick ly "I'll take care of Haratow." The witness reluctantly turned to the liench "I beg the Court's pardnn," he mut tered, his voice still shaking with fury. The Judue glanced sternly at the speaker, started to reply, but paused and turned to the prosecutor. "I'ontlnue your examination. Mr. Gil bert." he commanded. "I will consider your case l.iler. air." he added, address ing the phvshinn. Gilbert allowed the witness n moment lo lecover his self-possession, but Mac Lean's eves remained lneverlngly on Har stow's facv. "I ir. Mac.eun." began the prosecutor at last "Is the estate nf Gregory Shaw S'llV CHI "It Is not, sir. The rinlma against It are double (he assets" "Ho tluit the creditors will get the en tire est.its?" "Yes. "And the legatees nothing?" ''Not a penny." "Then doctor, you are not personally Interested hi declaring the so-culled 'wife will a forgery?' "I am not. and that man knowa It " The speaker pointed hia finger men acingly at Hurstow. "Tnat will do. doctor." Gilbert sat down, but the physician did not move from his scut "Anv further questions. Mr. Harstow?" The lawyer glanced up at the Judge's quest loii. ami regarded the witness with an exites'slon of contempt. "So inn have realized on all the asseta of tin- Shaw estate, have you" he In qulred. menacingly. "No sir. I have not." Ami vet vou say they will not equal the liabilities?" 'Thev will not." "How do you know, If you haven't sold II u .' I know about what thev will bring." ' Vim aie a prophet, eh? And the liabili ties'; You hive passed all those and know them to be genuine and ialms against the estate?" proper Almost all of them. Hut not all?" No " "Then with assels unsold and debts nu. bici mined, aren't you despairing of vour legacy too aooti. doctor? Isn't there a lav of hope left for you yet?" The witness made no reply, nnd the i ounsel resumed hia sent", hia eyes on the jinor's faces. The physician lifted hia eyea from Iy siow s face aa he heard the Judge's wouls. and slowly turned to the llench. 'May I make a statement?" he re quested. Tf It touches the case." "It touches the case at Its core " Gilbert dropped' the papers he was ex amining anil stared at the witness, and evetv one else In the room sat as though turned to stone, i'roieed sir, wo nre waiting." I could hear my heart throbbing with ex.itrmcnl as his Honor spoke. "I was asked.' begun the witness, hia vol. e shaking with anger -"asked by this la i son" bis eyes sought llarstow's as be Indicated him with it trembling fln gei If had some reason for thinking; one ofilhe wills In this caae a forgery. I have not yet given that reason. I wus willing not to give It, but my Integrity having been questioned. I will wlthold nothing This defendant was In the hnb- II of signing Gregory flhaw's letters, n ml ould not tell his own signature lioin hecsi she Imitated It so porfectly. Mi Shaw knew she could do this, and ciicoiii aged her to do It, nnd I have I. ilked with him about It." The witness paused, hut no one moved spoke, and all eyes sought the rtefon- danl wbu was unclnv earnestly at llur. stow The situation was critical, and I I.I 1 thnl nothing could aave It If Bar- , slow ill, I not ifluuedliitel y take action, laud when nt last lie leaned forward nd I w lilsi.ered In bis ckxsnt'a ear. I could stand the suspense no longer, and rising from mv chair I raced the Itencli. "May I ssk s i Host Ion?" I Inquired. The Judge frowned nnd hesitated a moment. "I llilnk you had better allow counsel lo cross-examine, sir," he responded, coldly. "I will yield to the gentleman." Bar stow glanced over bis shoulder and wn ' 11 w. his hand towards me as he spoke. very well, sir," snapped the Judge, "Proceed." "I want lo ask the witness," I began, "why he thinks one will genuine and the other a forgery. If the t wo elgnn turea are hlee t Icn I "' "Tluit question has nl ready been naked and uiisweied," Judge liudley Interrupt ed I think mil, your Honor," I persist' ed. "The witness said he could not ills. llnsulsh one slanature from the other. -nd lie now says Miss Kmory could Iml late ber emplover'a signature to perfeo- lion, nut be Mia not told us why he se lects one In preference to the other,". suuniti tnai tins is argument. In- erHeed Gilbert, rising as he spoke, "and I objeiil lo It." "objection suktalned,' Now, Mr. Unr stow" The Judge turned to the counsel, but T refused to be snubbed or side-tracked and remained standing. "I have another ejueettom If the Court will not allow of lhae-wne." ,f persisted. "Good for ydu. Foreman! 9Ut it outl" I lis If turned, aa I heard Bay ne'e en couraging whisper, hut the Judge a dis approving glance arrested i tny , further amvemeiit. i . . v.1 "I cannot have the orderly conduct nf the rsse Interrupted. air: , h decided. wwsw ( nib j.i.-c.ivv.i!', UIAKLOTTl. DAILY OiUiVAlVilll. "4Iay I not ask one , more question, your JIotior7" I pleaded. .'Thla la an liiiortant point, and" ' "t hat-la an Improper statement for VOll to mnL. .1. -r . , . i "I beg your Honor will allow tha Juror 10 profiled, Interrupted Haratow. The Judge impatiently ehoved aalda tha papers on his desk, glanulng angrily at the Jury-box.-- ... - . "Well, what do you want to knowr on oemanued, in a tone 01 annoyance. "I want to know why tha witness hag concealed tha facts he has Juat related wont ine present moment," l reaponueu. ; "l object to the word concealed, Interposed Ollhert. , "The witness waa not questioned concerning)' the, matter, and that la a there la to It." ' . i enouid like tha witness a own ana Wer" I rstortad f ; - , "Ble 'era! Hlo 'em!" whispered an ap proving voice behind ma.- v . "I did not think It my duty to volun teer testimony " resnondsd the - wltnesa. lamely, . r , ; .' . ,.- And yet you Imew It want to th eore of tha ease' I persisted. . . "Now, that ' will, do," Interposed ' hia Honor. "Ilo vou wish to eroaa-ezamlna. rMr. Baratowr' A, " , ;, r. .Tld vou aver-'! beaan. '- ..... "That will do, air!" thundered JudgeJ uuaiey. -uidna you near ma," airr That will do!" "Old you aver see Miss Emory actual ly algn-" . .,-.: . "Mr, Lambert, If you apeak another word I'll hold you In contempt of Court!" Tha Judge leaned threateningly over nis aesg, ana menaced me. with hia fin ger as he SDOke, and at tha same mo ment soma ona gently patted me on tha uacK. ... , "Did you aver' sea Mlaa Emory actual ly sign Mr, H haw's name?" demanded Barstow. taking up my queation. -"No, sir," "Then all you have told ua la mar hearsay, la It?" , ... . "I heard It rom Mr. 8haw." "Who la dead and can't be erflaa-exam- lned! Your Honor, I move to atrlka every word of tilts iMllmimv Imm tm MKAFil ' Barstow pointed to tha ataaographer'g open notebook aa he apoke. "Motion granted. Rtrlke It out." Itayne patted my knee aa Judge Dud ley gave the order, aiyd, glancing covert ly at the faoee of my other aaeoclatea, It dawned upon me that I might yet be come the leader of theae men the real Foreman of the Chaln-Qang and at luncheon hour I received a small ova tion. CHAPTER XXII. Gilbert evidently recognised that strik ing testimony, for when the, court re convened, he allowed ' the queation of forgery to remain where Dr. Maetaan bad left It, nnd made no Immediate ef fort to re-enforce his case agalnat the defendant on that point. But If he be lieved the testimony had made any very strong Impreaalon upon the audience I had reason to think ha was mistaken as far as the Jurors were concerned. The fact of murder had been established, nnd the defendant's opportunity to com mit It stood demonstrated bevond all reasonable doubt. But the proof of her motive scarcely justified more than a strong suspicion, and I did not believe there was a rnan on the Jury who would have decided against her na matters stood then. Indeed. I waa convinced that Haratow could not only ncault the de fendant, hut expose the guilty party If he grasned his opportunlllea. nnd I re solved that the cnee should not remain a mystery If I eould help It. The nrosecutor began the afternoon'a proceedings by nroducing an affidavit made . by Mr, Chaw In a real-estate transaction a few weeks prior to his death, in which he swore that he waa nn 'unmarried man. and I Immediately saw we were entering upon a new phase of the case. Barstow made no objection to the proof proposed On the contrary, he offered to admit that Shaw was unmarried at the time of hia de.eth. If the prosecutor thought the fact essential and when Oll bert declined to take auvantnge of the admission he protested against his oppo nent's waste of time. Indeed, from that moment Barstow began to hurry hia ad versary, and continued to press him at every possible opportunity. Gilbert no sooner placed a witness on the stand than Barstow was nt his heels wanting to know what lie cxpecSed to prove by the testimony, and offering to concede all nn examination could possibly disclose. But though the prosecutor never availed himself of these repeated propositions to shorten the trial, Harstow Invariably managed to anticipate the testimony In his nrguments, and when the Jury flnnllv heard It from the witnesses It seemed atnle and unimportant. Did Gilbert desire to show how Mr. Shaw had dlsisiaed nf all his property and turned It Into cash, or Ita equivalent, and deposited It in a Venezuelan bank In Alice Jcmury'a mime? Che testimony would reveal what he wanted to prove? tif course It would! But why waste time Inking testimony to prove what was Indisputably true? Hadn't he fairly stated nil Gilbert could extract from any witness ns to the deposit In the Venegiielnn hank? Was there anything more to II than the prosecutor hnd out lined In Ills opening apcech? No? Very well, then' lihere la no use piling up proof in establish what the defence was willing to to concede,, and It would concede the foreign bank-deposit In Miss Kmory's name, nnd any other little de tails which the irosecutor deemed essen tia.. At last Gilbert turned upon his tor mentor. "If mv learned opponent Is so anxious to expedite this trial." he 'exclaimed, "lot blm admit that the defendant knew of the securities donoslted In Vcneiuela In her name, and I will accommodate him." Barstow regarded his adversary with an expression of scornful contempt. "1 offer to concede facta not fancies." hp retorted. "My proposition has reference to a faet." "It has reference to a breezy fancy liorn In the the wind-swept cavern of your mind, sir!" "The breexe Is a cyclone which will blow you awav. Barstow!" "Now. gentlemen!" The audience was rustling with ex- cltemeut as the Judge's admonition parted the mmhntunta. and It was some moments before quiet was restored. Then Gilbert took tin his Interrupted examination and aneedlly succeeded In establishing the Identity of the securities deposited In the Venexiiclan hank In Miss Kmory's name, hut all his efforts to fo-, low up this proof wdre frustrated. Again nil agnln he returned to the attack, and I could npreeiute the vital Importance of the position he was attempting to carry. If he could prove the defendant knew of valuable property which had been Intrusted to her keeping, the motive for the murder would be only too ap parent. Ilarstow. however, waa keenly alive to the peril of the altuatlon. and met every onslaught with vigorous ob jections which hurled hia adversary bark lo the conceded line. At lust the prosecutor abandoned the task and begun a new assault. In quick aucreaslon he offered a number of let ters In evidence, hut again Barstow op posed him tooth and nail, and one after another the proposed exhibits were ruled out by the Judge, and not one nf them came under the observation of the Jury. Indeed, so closely did Harstow mask the Identity of this correspondence, that Gil bert waa not even permitted to tell who wrote the lett era or who received them, nnd for some time I had no Idea of what he whs attempting to .prove. Fi nally, however. I remembered his claim that Miss Kmorv hnd desired to become Shaw's wife, and had threatened him. with exjmsuie when he nna rerusen to comply with her wish, and t concluded Ihnt thn prosecutor waa unaucceeafully attempting to substantiate this part of his opening speech. Although his moves were repeatedly cheeked and turned. Gilbert stuck dog gedly to his task, displaying wonderful resourcefulness and Ingenuity. Once or twice he seemed on the verge of. success, hut Bnrstow's stuhisorn resistance al ways prevailed In tha end, and left hi in master of the situation. Indeeo, - the fight continued ao king without advan tage to the proaecutor that It grew mo notonous, and at last some one in the audience langhed. Instantly the lawyer's fare darkened with anger, and as he turned to the sound I saw hia eyes rest for a moment on Barbara Frayne. Her expression was perfectly ' grave, but I could aee the noior mounting to her cheeks as GHberl'B glance passed her and swept along Vow after row nf fncea tintkV he had Inspected every person In the room. When he turned lo the Bench again he appeared more severe and de termined than I bad imagined he could be. .' i "Your Honor." he began. - "I have en deavored to conduct thla trial up to the present time without1 formality, but at ihls point I must requeet the Court to exclude all wltneeeee from the room." Barstow rose and stared at tha speak r with astonishment. ' ' 'Isn't It rather late In the day for my filend to make this request?" ha in quired of the Court. Js he going to rail any more witnesses? . If not. I pro test tt it not courteous to exclude my iniVTi'rAUL'.l '2, 11 OX witnesses when I did not exclude hia.1 There la no use protesting, counsellor. The request Is entirely proper, and 1 shuH grant It. - All persona under sub- enena In the case of tha I'eoplo against Alice y.mnty will retire to my private room, anil wall there in cuarga oi an officer until they are called upou tv tes- A ' general 'movement began from alt parts of the room as the Judge reaaed aprHKing. ana then for me nrsi ume i noticed that Mlaa Ma pea and Betty Field had hen seated near Colonel Krayne and hia daughter, and tha three women ex changed a few whispered words oetore tha housekeeper 'and her companion rose and walked, towards 'tha door through which twenty or mora persons wer be ing herded by tha oourt-attendanta. . When aulet had been restored. -Gilbert again rose ana addressed the (urt. "Tour Uonor,. I now request that no person be allowed 'to enter or leave tha court-room during tha examination of pext wltneas." - Karstow . lookred ud i at hia ' opponent with an angry snaar. . "Please, mister, mar T breathe during mis lunciioni' na muttereo. -., , The prosecutor turned on hia heel. and. leaning forward, - looked, hia .npponeat aquareiy in ine ayes. ,., - j 'l'll make you hold your breath!',' he retorted, sternly.. , Harstow- tlnoed Ma chair back with an uneasy laugh, . and - tha Judge . rapped aimrply for order. .... c . . 'Any person dealrina to retire from the ourt-rom before the - next witness eaves mi Bianu must ao ao now, na directed. - r - No ona In the audience stirred at the announcement, and an . expectant hush followed. , .. . "Officer, ' lock 'tha doora, Now. Mr. OObert" -, His Honor turned briskly to: the pros ecutor, who rose and glanced at. tha at tendant standing before the door of the Judge's chamber. ., v , i "Call Madeleine Mgpes," he command ed, shandy. . ,, , .. , . .. CHAPTER XXIII. Although I had seen Mr. flhaw'a house keeper on three occasions before Gilbert summoned her to testify, I had never had a fair opportunity to study her until she faced me on therwltneae-atand. Tha woman's Christian name exactly des cribed her, but, nevertheless, she Im pressed me as one of those persons for whom Christian names are superfluous. Mupes would have sufficed her for all the ordinary purposes of life, though the prefix "Mies" might have been conceded her for formal occasions. Una could even fancy her being railed "dear Miss Ma pes," at very impulalve momenta, but I could not Imagine anybody addressing her as Madeleine, under any circum stances whatever, the was a tall, slim, dignified person, approaching middle age. Her thin face, with ita high cheek-bones, prominent lower Jaw, and large, firm mouth, could not by any stretch of Imagination have been called handsome, but It waa decidedly Interesting, and al though It expressed determination, if not obstinacy. In almost every line. It was neither nard nor disagreeable, indeed, her targe brown eyes suggested poslbslM tles of deep feeling, and her wavy hair, parted In the middle and loped over her templet, gave her an- almoet kindly ex pression. But aa thoueh she realised this softening effect, and despised it as a weakness. Miss Ma pes had neutralised It aa far aa possible by a hideous Mack bonnet tied tightly under ber chin with long black robbona. The rest of her at tire was likewise apparently designed .to eliminate every vestige of personal charm, and so lugubrious waa at that long, gun-metal watch-chain suspended from her neck waa a positive relief to the eye and inspired the hope that her black. Hale-thread gloves might contain something as cheerful aa a mournlng rlng. In fact. It seemed aa though nature had intended the woman to be sympa thetic and comely, but she had willed otherwise, and on the surface she was na callous and severe as manner and clothes could make her. Gilbert studied his witness for some moments before adresslng her. and I could hear the big clock behind the Judge's desk ticking; the seconds away as the woman met hia silent examina t'on with a steady" stare. "Miss Mnpes. you are an Intimate friend nf the defendant'a, are you not?" The housekeeper eyed her questlonr suspiciously. "Miss Bmory and I are friends," she answered, cautiously. "And you believe her guiltless of the charge against her. do you not?" ' "I certainly do." "Then the truth cannot Injure her In any way. ran It?" Miss Manes shrugged her shoulders non-commlttally. "It depends upon who Is speaking." she snapped. "Some tongues are natural ly formed for lying. They'd twist the best truth In the telling." The audience chuclcled delightedly, and some one started applause, which was Instantly silenced by the Judge's gavel. Ollliert displayed no resentment at the witness's retort, but returned to the task of conciliating her with admirable tact and good-nature. Mlaa Mnpes. how ever, was In no mood to be placated or reassured. She was disdainfully suspi cious of the prosecutor's deference, and the more consideration he displayed the leas he received. She deliberated over each question before answering It. and more than once I thought the examiner's endurance waa at an end. His patience, however, was apparently inexhaustible, and the most aggravating answers left him perfectly unruffled. It was not until he touched upon the housekeeper's dis appearance from Polllcet that his man- ner cnaneen ano nta questions necame . . s I more Insistent. The witness had been given the tvnal- Hon of caretaker of Mr. Shaw's Bo nnicet farm after his death, had ahe not? Why had Bhe surrendered her duties to another peraon and departed from the State shortly after the Inquest? That waa her private business? Whv did aha take the ex-housemald. Betty rleld. with her on that private business? Because she needed companionship? Then why What was tha proaecutor driving at? IHd he mean to Imply that the witness wns trying to escape from testifying? 1 hen whv hud she returned In time for the trial? She'd come hack voluntarily, hadn't she? The prosecutor hadn't brought her back, had he. No one could hnve brought her bark. Wnan't that so? Then what did he mean by lila Insinua tions and Insults and twlstlngs and turn ings and pretence of fair play? Although I knew the woman was dodg- inir f eould not but admire thm conrssrs with which ahe turned upon the prose- cutor with her breathless burst nf ones Hons, but my admiration waa tempered by the suspicion that she was fighting. not to help tne menu, out to save her self. Gilbert made no further attempt to soothe tne witness after ner nostue out burst, but. accepting the gnge of battle, aettled down to fight It out. "Miss Mnpes, did you ever see the de fendant wearing a bins aklrt of this shade and texture?" I started at the question, and Instant ly Gilbert's opening words recurred to my mind. When we had found the wear er of the klrt from which the tell-tale threads were torn, he had told us. we would know the murderer of Mr. Greg ory Shaw. This, then, was the crucial moment of the trial. Mlsa Ma pee carefully examined the ex hibit which hud been handed her, and to my Intense surprise nodded as ahe returned it. "I have seen MIsb Emorjr wear a dark blue skirt." she responded, calmly, "but I couldn't say It was exactly like this sample." "Hut substantially the same" "I could not say. ' v The examiner paused, and. unable to bear the .nervous strain of tha euspense, I glanced) from -the wltneaa to the ex cited farea In tha audience. Barbara Krayne was leaning; forward, her hands reeling on the bench In front of her, her gene fixed on the housekeeper's face, and. noting her anxious expreaalon. I turned away, tearing to meet her eves. "When did you last see tha defendant wearing such a aklrt" Mlse Mapea carefully, considered the queation. but her eyes never left the proaecutor, and aa she weighed the ans wer she appeared the calmest peraon In the room. , "More than two years ago." . "vpm suw it arterjajHreaeed to wear yes." -'''v. At": "When did you taat see Itr "I don't remember. " . 'Where did you last Bee Itf "In the closet of my room." "In your room? How did It happea to "MJae Emory gave It to ma". ' When aid ene give H to your'" "Nearly two yearsiagn." "What did you do Vlth Itf" ' ' "I ripped the silk lining out of It and .inrew inf real away.' fW here did you throw Jtf! V, ? ' , .' 't don't remember." - " .' y.;,. 4 "Why, don't you rememberf. ' ,7 ' "Because I haven't charged my mind with the whereabout of every bit ot 'frVV ruhhlsh I've thrown away In the last two years." ' "How long ego did you throw. away this particular hit of rubbls&T .. "1 don't remember." "Was It since Mr. Rhaw'a death?1 The. wltnesa hesitated a moment, and though her glance never wavered. I felt my liand trembling on the arm of a y chair aa the prosecutor again put bis ominous Question. . . "Was tt since Mr. Shaw'e death, Miss Maneer " ' ' - - "Ifou know It wasn't! she "burst "tout, snanu shly. "It waa almost if not aulte, two years ago. 1 1 . don't,' remember which." ..V, -.- . ".'' ' " Si I could hear the audience giving vent to Ita relief, but I took no satisfaction In the sounds. , In my opinion the tes timony entltjed the defendant to some thing more than sympathy, It demanded her, complete vindication, and for this toe detection or the guilty party was aential. ' In less the .real criminal were exposed, her acquittal would be at best but negative Justice, and tnY mind was already Intent upon the, track of the wiiness. " . , , '-.few j I knew that .the hoiiaelceenee had bean detected In the act of destroying some thing n the furnace after the discovery or ine crime; ana nad occupied . auss Kmory's room on the night of tha mur der, and now It appeared that ah was mv last pwnir ins muo BHtrv. - ' Thia last- tact Intensified mv early aus- plclons against tha woman, and I thrill ed with excitement aa tha prosecutor Paused and whlanered to ona of. hia as sistants. Surely he would now bring out the rest of the Story ae I knew It, and eee where the proofs were pointing.. He nau ine necessary oiew in nis possession Would ' he have the moral courage to abandon hia pursuit of the defendant and camp oa the housekeeper's trail? !--.-, What waa the condition of the akirt when you threw It awav. Mlsa Maryea? Could It have been worn?" a I recognised the vital significance of the proeecutos s queation, and , listened eagerty ror tne answer,. - s . ,rI donH think ao.' " .'.'. ' "Wliv itnn'l vnti ihlnk uir . I almost smiled aa I heard the Ques tion. Gilbert waa clearly on the trail now, and Jt hung breathlessly oa his every word., Because I remember, rtonln the lin ing out. and If the rest had been wear able I'd have given it to some poor per- vun. i aiin i ueaieve in wiiiw Did you recall any oarson other than Mlaa Emory wearlna a blue skirt In your household?" "ho Dut there miant nave been otn era. The material la in common use for men a clothes as well aa women a." Miss Manes, when did von first hear or Mr. vnnri oeainv-- The JiotiBakeeper answered tble o ues tion, and then to my Intense chagrin the prosecutor started upon a line of Inquiry which speedily carried him far afield, and lett me to follow him aa neat 1 roulo in my amaiement and diaroav. Aomin and again ha struck tue housekeeper's track, but no sooner waa he headed ln:er di rection than some chance word would divert him. and he would swerve, from the path and plunge In a blind thicket of details. At times It seemed as though he were Intentionally avoiding the sub ject of Mlsa Mape's whereaboata on the ntght of November Ind. so perilously cloae did he come to the onestlon which would have foe use so attention upon her and changed the whole course of the trial. But as the examination continued I realised that accident and not -design waa responsible for the omission, and the minuteness of hia Inquiries encour aged me to believe that sooner or later he must light upon the necessary query. 1 no witness-a tactica. however, were even more difficult to understand than Gilbert's. She had gone out of the way to advise me of her occupancy of Mlaa Ktnory s room, but she took no pains to supply the prosecutor with -thla Infor mation. She did not actually mislead him, as far aa I could aee, but she gaye him no assistance. Her answers were grudlnglv short and upsuggestlve. but they indicated nn active opposition to the examiner. If he bent all hie energy upon some unimportant subject which might, hnve been dlsrvoaed of with a word, she allowed him to uncover It de tain by detail, until the futility of fur ther search was demonstrated o every eve. When he stood on the vwrge of a discovery, she gave him no sign of en couragement or warning, merely drift ing on before him like a wlll-o'-the-wlap, elusive. Intanrlble. mocking pursuit. Thus the exhaustive and exhausting Inoulsltlon continued like the game of "Twenty Queatlons." amplified and ex tended almost bevond the I'mlts of en durance. More than once I waa upon the point of Interrupting, but restrained myself, fearing to enoll sorne clan I did not understand and defeat the end In view. I had a hard struggle, however, to control myself at crucial moments when a single word or even a look might have given the necessary cue. "Vow It la coming!" I whlsnered to myself over and over again: but aa one npnortunltv after another sllnped hv. I lost hone, and grew more restless. Irr'tated. and ner vous with each succeeding question. "Miss Mnpes. how far wua your room from Mr. Hhnw'a study?" I leaned forward eagerly as the prose cutor put the question, every nerve In my body tingling with ecltemenC Gil bert wns squarely on the trail again! Would he keep It? In the Intensity of the moment I lost all sense of mv sur roundings, and crouched In my seat like a hunter stalking long-sought game. "My room was In what was called the west extension." "And that Is quite a long distance from Mr. tihaw's rooms?" "Yea." Too tar for you to have heard tha AW g K'l ju noM of A struggle. If there wag a strug gle In his rooms? Much too far.' "And the servants? Could they have heard any such noise from their sleeping-rooms?" "I do not think they could. "Bo Miss Emory was the only person whose room was so situated that aha could easily hear any unusual noise In Ha Hhaw a atuavT "Tea." "That Is all. Your witness. Mr. Bar stow!" I fairly gasped as Gilbert turned to his opponent. Was It possible that he was abandoning the pursuit. at the very moment of success? IHd he suspect nothing? was he Diuiar "No auestlona." I heard Barslow's words, but I could not credit my ears. He could not be tillowlng the witness to escape In thle faehlon? It waa too preposterous for belief. "You are excused, madam, but do not leuve the building without tne direction of the court." Mlas Mapea hnd risen and waa actual- y moving towards tne juage e Cham bera before I awoke to the . realty of what waa happening, and In the excite ment of the moment I forgot the defer ence due the court. "Walt!" I almost shouted. The woman visibly started ns I spoke. but turned to me with a not unfriendly nod. "Did you occupy your own room on the night of the murder?" I demanded, breathlessly. , "I did not. I occupied Mlsa Emory's. I saw Judge Dudley 'a finger menacing me aa I' put the queation, and at the same moment Barstow and Gilbert sprang to their feet, but tne houaekeep er answer ed before any one eould Inter fere, and a deep hush followed. Then hia Honor broke tha silence. "Return to the wltnwee-chalr. If you please, madam," ne reciuestea eterniy. "Teke your seats, gentlemen) Kvery body In the room sit down I" he added. In a voice ot thunder, ' The crash of his heavy gavel atartled me, and glancing over tne room i thet more then h half tha spectator had risen to their feet. '. CHAPTER XXIV. v The moment the room settled down doe again both Gilbert and Barstow claimed tne riant to examine, ana m nui -u m Ish followed, the combatants fighting at cloae' range with words which' had all the force and atlng of blows. Finally the tudge Interfered with a decision In Oil erva fovor, and, the defendant's coun sel eullenly yielded. but . without re treating from the rail against which ha stood glaring st the. witness ee she faced her Inquisitor. . "You aay you occupied Mlse Kmory's rbom on . the night of November , 2dT' begun the prosecutor, Sharply.,, . ; '"That is What I said." Every syllable of the answer was de- i..i .1,. I.nds ' e w'hy didn't you say It frmnnV, J t "Heesuse I wasn i sea. j "Then whv didn't you volunteer tha Information 1', .,'..- "Hera use was advised that lawyers were smart enough to learn what they wanted without any help from women folk," .'.'". '-' ' . "V . ' r, "Who gave vou Such advice f" , "Mr. Itaratow." - " "Mr. Harstow? - Af a you acting Under his advice?" . - ' ' ' .;",.: 'ji ."For want of better.,, -V..-i "Let me supply your want by recom mendtog you to disclose at eooe any other facte which you have concealed up to dale touching the death of Mr. bliaw." , "I'm not .corHienllng anything." The examiner paused-and the witness's eves rested fur a moment, on rtui-st.iw face, but ahe answered Ita threat with, a defiant Blare and turned again to Gil bert. "How, did you eome to occupy Miss Emory's room, as you have stated?" "Hhe requested me to oo so" ' '; ,. "When?" : . , . '"- ' ' "On the afternoon of November ti," "What did she sayf , ' "She came to my room and told me -that Mr. Shaw hnd asked her to become : ,' hie wife, and that she bad refused him, . ss wauwr- ,,i y - s v. ', "Ae usual?. Was It such ft common oc currence tk'' .: , ... "Common' enough'.' 'He'd ' proposed t V ner wdvui eigfii nines, i ining . 1 The audience tittered in . a' nervout " manner:- and the. annnit s-rataA imnn in. ,. and' roused my. Indignation.': Gilbert - seemed equally annoyed, for ha shot an angry glance at the crowded benches be-i .. fore he continued. - n ' : - .-- - t "Tell us what else Uist Emory Mtd.TV he directed, at last." . , V - - i7 tine told me Mr, Bhaw had urged hie" suit -with greater persistence than ever,"-, before, and would not take no for an J gnawer," the witness - responded, "and ; ; WMAM .h. MA 11b, am n k.l.M ...... longer ne nau oecome very excited and.1 t threatened to ehoot himself and her." s . "What did aha renlv to Ihos. fhreuls" ', . "fih Mslssnit hv . YWYttton . a n rl 4..U fc. I .MB . . 1 .1 1 V , . ' . , ... ' lowing morning." . . .''.'', I -vrnai eise aid sne ten youT V " -, - one saia no crew terrtDiy angry when " she announced ber reslrnirtlon. and he. ' rame so abusive that high words passed .,. "i-si nis' muss sua mseaicu lu . v escape from , the study, and - alia waa: .t afraid, to terns in alone In her- room, i iiiisi wiijr sue csmv io m. - - r l'... "No. Bhe staved in mv room and T's r occupied hers." - - .'...v.,.,-, , i . ' "I see. And what time did you part V "t l "A little before eight o'clock." . . "And when AiA vnn tiaw .mInSI .'. "About seven the next morning," v' ,-V "Then, between eleht o'clock 'in 'the ,- evening and Seven tha nest mornlnsr vou 'V , flnn'fl LIlAW mm ak. ,U An. UM..SH . I .-' m.ms mum uiu, u, .im -I.' Misrt. ma K.., it ' V ., "When did thla nuarrel between Mlsa V Emory and Shaw take blacer' . . I started aa Gilbert' nut tha nueatlnn ( V He bad not been following up the wit. neag ' in -the wav I had exnectad. Mis kqueatlons were apparently framed not to agalnat the defendant - Waa ha aelsinir -- - uisuu in, invm m auarrei DeiwHn eirinw ana Miss Kmorv to eitnnlv a rnnil,, fn. ma aiuraeri soy neart aang at the ques- -i tlon and my brain began to whirl. Had ' '" Barstow feared this? Was nla knowledea of this quarrel the secret of his attempt f. to get the housekeeper out of the way? -". Waa my Interference to supply the pros- -. - ecutor witn just the proof he needed? I -could not, would not, believe It! f -' "Didn't you hear my queetion, Mlsa -Mapea? When' did this quarrel between v ansa Emory ana nnaw take place? ' The housekeeper a tared at tha axamln. T with an expression of dismay, and I , knew that she. too, bad scented the dan- . ger and was wildly seeking an escape. .'. "I didn't say they had quarrelled." she -answered. Quite true you didn't. You said hlsh v.: words passed between them." -tea, out "Never mind the 'but.' When d:d thoa high words oass?" I I dldn t mean high worda exactly. . -meant to aay I should have Bald" Mlsa Mupes glanced helplessly at Rsr. stow, but meeting hia atony glare turn ed again to her questioner with the look - . of jkv hunted animal In her eyea. . "Well?" "I I don't remember exactly what aha ' said." she gasped. , "But you received the Impression that they had not parted on good terms?" ies no. ii apn l know. Did she express any resentment at Mr. Shaw's conduct?" Well, he had Insulted her. and No. 1 she didn't." ) I see. He had Insulted her. but sha forgave him?" "No. she dldn L Bhe he I don t know what she said!" The witness waa visibly weakening un. der the lawyer'a questioning, and she sat back in ner cnair gasing at him in a dased and hopeless fashion. Gilbert gave her no reaplte, however, but rapidly ahifted his a tuck. of Mlas Emory's room when you re- ' ",'- ... . um 1 UU ,.m m ii n 0 1,1 ,1 tired?" "Yea, sir." "Aod the window?" "Yea." "Are you sure?" "Sure' "When you woke In the morning did you detect any odor . of gas In your i room?" . ' No." K Not at alir 'No." 'Hut In the hall It was very notice able, wasn't It?" Tee." Did you hear any noise or disturbance during the night?" ,'VTa ' "You slept soundly?" "Yes. until about five o'clock." "What woke you then?" " 1 don't know. I waa cold. I think." "Why didn't you get ud and cloae the ' window?" , "I did." The lawyer glanced covertly at the ury-nox. nut ine witness seem en wnoi- ; v unconscious of her terrible slip, and A l.l niiiiini m v iim i r.uu i 1 1 1 , iiif-u- dllng my face flushing and paling with every question. The prosecutor was proving nis case, ana i was enanung -.. him to do it! I, whom Barbara Frayne had -relied upon on whose intelligence she counted! "When you saw Mlaa Emory In your room. In the morning, wea she dressed?" "Yea," :.' "Did you anew at Mr. enaw a aeatn Uen?" "Yee.' "Where was she when the body was discovered?" "I don't know." "Who told her pf the occurrence ?! "I don't know." v "When did you first talk with her con cerning itf" "I don't rememtsor." The housekeeper glanced deapaliingly . , about her, hut there was no sympathy In the hundreds of eyea which met her appeal, and the prosecutor eterniy de manded her attention with a pitiless hall Of questions. She no longer deliberated over her ans wers, but stammered out breathleas eva sions and denials, regardless of the con tradictions they Involved. A denial was no sooner uttered than .It required an other until tha wltneaa fairly staggered in ber pitiable fllglet. i Apparently the -uppermost thought In her mind waa to protect the defendant, and her reckless efforts to accomplish thla doubled the ' mischief already done. At last tha pros- , ecutor gave her a breathing space with a queation which roused ner Indlgna tlon. "You suggested sending fnr Mr. Bar stow didn't you, Miss yMapes?" he In- quired. "I did not." "Then It was Miss Emory who sent for him?" . "flhe did not." . "Then who did send for him?" . "Nobody." . f , u "Nobody. He Just happened to ealir '. "He was s friend of Mlaa Emory's, and he heard of Mr. Shaw's death, and came , to tell us not to talk to the newspaper , people or the officials any , more than waa necessary. - . - ' t- t "And you didn't tell of these, thlniil ,. because of bis advice?" . . "I wasn't asked shout them." r "n "I see. That la all, madam. ' No par dnn me. One more auestlon. Have you alwaye occupied the same room In Mr.' ,"r Bhaw'a nouasT" yea." i - "'. '-'' ' , .;. ' "Did vou look In the 'rlneet of .your room after Miss Emory had occupied It to see If the blue skirt was still there?", The question felrly overwhelmed me, and I experienced g feeling of deep pity '. for that wltiiMe aa I hea rn It. 1 no Ions '. jrer harbored the slightest suspicion of her guilt. Mhe had doubtless thought ' lo halo her friend ny giving me the In- - formation which had been so dieastmus. .' T ly turned against her. and had honestly -though obstinately fought to have It " brought out despite the lewyer'a advice, ,! And I, who bad thought myself cleverer r than Gilbert, Haratow, and the houses, keener combined, bad given her the ne ' , eeeeary . opening, i What would Barbara rrayna thing oi me aowr- : . i- , I looked aoroae tne court-room, gnu. , as my eyes rested on ner noshed end snxloue face slat suddenly turned to me with a glanoe or unmistakable conn- "L dence. Then, and not until then, did I reads the mental' struggle which lay , before me. Could t disregard the teat!- ' monyf Dared I still save the defendant ' by my vote? , . "iiinni vou inog n your eioaet iuv morning after Mlsa Emory had osvupied your room to eee It the blue eklrt wag , Sllll there, Mlsa Mapea?" . , I turned as tne proseoutor rtphrastg . ' : ; ,, ',f',' '..... '''! "' - ..... ' ''5;'''I.l:'-'''H,' 4 . .V'-.r'V . , ." i ' r , i V :
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 2, 1906, edition 1
18
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