was raised at last, and it could be seen that she was very pale, it was not yet that Rachel Minchin afforded a chance to the lightning artists of the half-penny press, or even to the students of physiognomy behind the man with the white hair. This listener did not lean forward an inch; the questions were answered in so clear a voice as to render it unnecessary. Yet it was one of these questions, put by her own counsel, which caused the white-headed man to clap a sudden hand to his ear, and to incline that ear as though the answer could not come without some momentary hesitation or some change of tone. Rachel had told sadly but firmly of her final quarrel with her husband, incidentally, but without embarrassment, revealing its cause. A neighbor was dangerously ill, whom she had been going to nurse that night, when her husband met her at the door and forbade her to do so.
"Was this neighbor a young man?"
"Hardly more than a boy," said Rachel, "and as friendless as ourselves."
"Was your husband jealous of him?"
"I had no idea of it until that night."
"Did you find it out then?"
"I did, indeed!"
"And where had your husband been spending the evening?"
"I had no idea of that either—until he told me he had been watching the house—and why!"
Though the man was dead, she could not rid her voice of its scorn; and presently, with bowed head, she was repeating his last words to her. A cold thrill ran through the court.
"And was that the last time you saw him alive?" inquired counsel, his face lightening in ready apprehension of the thrill, and his assurance coming back to him on the spot, as though it were he who had insisted on putting his client in the box.
But to this there was no immediate answer; for it was here that the white-haired man raised his hand to his ear; and the event was exactly as he seemed to have anticipated.
"Was that the last time you saw your husband alive?" repeated Rachel's counsel, in the winning accents and with the reassuring face that he could assume without an effort at his will.
"It was," said Rachel, after yet another moment's thought.
It was then that the white-headed man dropped his eyes for once; and for once the thin, hard lines of his mouth relaxed in a smile that seemed to epitomize all the evil that was in his face, and to give it forth in one sudden sour quintessence.
Chapter III
Name and Nature
The prisoner's evidence concluded with a perfectly simple if somewhat hesitating account of her own doings during the remainder of the night of her husband's murder. That story has already been told in greater detail than could be extracted even by the urbane but deadly cross-examiner who led for the Crown. A change had come over the manner in which Rachel was giving her evidence; it was as though her strength and nerve were failing her together, and henceforth the words had to be put into her mouth. Curiously enough, the change in Mrs. Minchin's demeanor was almost coincident with the single and rather sinister display of feeling upon the part of the white-haired gentleman who had followed every word of the case. On the whole, however, her story bore the stamp of truth; and a half-apologetic but none the less persistent cross-examination left it scarcely less convincing than before.
There was one independent witness for the defence, in addition to the experts in photography and chains. The landlady of the house at which Rachel called, in the early morning, on her way home with the cab, was about five minutes in the witness-box, but in those five minutes she supplied the defence with one of its strongest arguments. It was at least conceivable that a woman who had killed her husband might coolly proceed to pack her trunk, and thereafter fetch the cab which was to remove herself and her effects from the scene of the tragedy. But was it credible that a woman of so much presence of mind, to whom every minute might make the difference between life and death, would, having found her cab, actually drive out of her way to inquire after a sick friend, or even a dying lover, before going home to pick up her luggage and to ascertain whether her crime was still undetected? Suppose it were a lover, and inquire one must: would one not still leave those inquiries to the last? And having made them, last or first; and knowing the grim necessity of flight; would one woman go out of her way to tell another that she "had to go abroad very suddenly, and was going for good?"
"Inconceivable!" cried the prisoner's counsel, dealing with the point; and the word was much upon his lips during the course of a long and very strenuous speech, in which the case for the Crown was flouted from beginning to end, without, perhaps, enough of concentration on its more obvious weaknesses, or of respect for its undoubted strength. For the prisoner's proceedings on the night of the murder, however, supposing she had committed it, and still more on the morning after, it would have been difficult to find a better epithet; the only drawback was that this one had seen service in the cause of almost every murderer who ever went to the gallows—as counsel for the prosecution remarked in his reply, with deadly deference to his learned friend.
"On the other hand," he went on, wagging his eyeglasses with leisurely deliberation, and picking his words with a care that enhanced their effect, after the unbridled rhetoric of the defence—"on the other hand, gentlemen, if criminals never made mistakes, inconceivable or not as we may choose to consider them—if they never made those mistakes, they would never stand in that dock."
It was late on the Saturday afternoon when the judge summed up; but a pleasant surprise was in store for those who felt that his lordship must speak at greater length than either of the counsel between whom he was to hold the scales. The address from the bench was much the shortest of the three. Less exhaustive than the conventional review of a complicated case, it was a disquisition of conspicuous clearness and impartiality. Only the salient points were laid before the jury, for the last time, and in a nutshell, but with hardly a hint of the judge's own opinion upon any one of them. The expression of that opinion was reserved for a point of even greater import than the value of any separate piece of evidence. If, said the judge, the inferences and theory of the prosecution were correct; if this unhappy woman, driven to desperation by her husband, and knowing where he kept his pistols, had taken his life with one of them, and afterwards manufactured the traces of a supposititious burglary; then there was no circumstance connected with the crime which could by any possibility reduce it from murder to manslaughter. The solemnity of this pronouncement was felt in the farthest corner of the crowded court. So they were to find her guilty of wilful murder, or not guilty at all! Every eye sped involuntarily to the slim black figure in the dock; and, under the gaze of all, the figure made the least little bow—a movement so slight and so spontaneous as to suggest unconsciousness, but all the more eloquent on that account.
Yet to many in court, more especially to the theatrical folk behind the man with the white hair, the gesture was but one more subtle touch in an exhibition of consummate art and nerve.
"If they do acquit her," whispered one of these wiseacres to another, "she will make her fortune on the stage!"
Meanwhile the judge was dealing at the last with the prisoner's evidence in her own behalf, and that mercifully enough, though with less reticence than had characterized the earlier portions of his address. He did not think it possible or even desirable to forget that this was the evidence of a woman upon trial for her life. It must not be discredited on that account. But it was for the jury to bear in mind that the story was one which admitted of no corroboration, save in unimportant details. More than that he would not say. It was for them to judge of that story as they had heard it for themselves, on its own merits, but also in relation to the other evidence. If the jury believed it, there was an end of the case. If they had any reasonable doubt at all, the prisoner was entitled to the full benefit of that doubt, and they must acquit her. If, on the other hand, the facts taken together before and after the murder brought the jury to the conclusion that it was none other than the prisoner who had committed the murder—though, of course, no one was present to see the act committed—they must, in duty to their oaths, find her guilty.