That Mainwaring Affair

by A. Maynard Barbour

  CHAPTER XXVI

  MAINWARING VS. MAINWARING

  The case of Mainwaring versus Mainwaring had been set for the openingof the December term of court, being the first case on the docket.The intervening weeks, crowded with preparation for the cominglitigation, had passed, and now, on the eve of the contest, each sidehaving marshalled its forces, awaited the beginning of the fray, eachalike confident of victory and each alike little dreaming of the end.From near and far was gathered an array of legal talent as well as ofexpert testimony seldom equalled, all for the purpose of determiningthe validity or invalidity of a bit of paper-yellow with age,time-worn and musty which stood as an insurmountable barrier betweenRalph Mainwaring and the fulfilment of his long cherished project.

  The Fair Oaks tragedy still remained as deep a mystery as on themorning when, in all its horror of sickening detail, it had startledand shocked the entire community. No trace of the murderer had beenas yet reported, and even Mr. Whitney had been forced to acknowledgein reply to numerous inquiries that he had of late received notidings whatever from Merrick, either of success or failure.

  Since the announcement of Harold Mainwaring at the club that hewould not touch a farthing of the Mainwaring estate until not onlyhis own name should be cleared of the slightest imputation of murder,but until the murder itself should be avenged, it had been rumoredthat the party at the Waldorf was in possession of facts containingthe clue to the whole mystery. Though this was mere conjecture, itwas plainly evident that whatever secrets that party held in itspossession were not likely to be divulged before their time. Theparty had been augmented by the arrival of the senior member of thefirm of Barton & Barton, while the register of the Waldorf showed atthat time numerous other arrivals from London, all of whom proved tobe individuals of a severely judicial appearance and on extremelyintimate terms with the original Waldorf party. Of the business ofthe former, however, or the movements of the latter, nothing definitecould be learned. Despatches in cipher still flashed daily over thewires, but their import remained a matter of the merest surmise tothe curious world outside.

  Ralph Mainwaring, on the contrary, since the arrival of his Londonattorneys, Upham and Blackwell, with Graham, the well-knownchirographical expert, had seized every opportunity for renderinghimself and them as conspicuous as possible, while his boasts oftheir well-laid plans, the strong points in their case, and theirultimate triumph, formed his theme on all occasions. Mr. Whitney'sposition at this time was not an enviable one, for Ralph Mainwaring,having of late become dimly conscious of a lack of harmony betweenhimself and his New York attorney, took special delight in frequentlyflouting his opinions and advice in the presence of the Englishsolicitors; but that gentleman, mindful of a rapidly growing account,wisely pocketed his pride, and continued to serve his client withthe most urbane courtesy, soothing his wounded sensibilities with anextra fee for every snub.

  On the day prior to that set for the opening of the trial, among thenumerous equipages drawn up at one of the piers, awaiting an incomingocean-liner, was the Mainwaring carriage, containing, as usual, RalphMainwaring, Upham and Blackwell, and Mr. Whitney. The carriage andits occupants formed the centre of attraction to a considerableportion of the crowd, until attention was suddenly diverted by thesight of a stylish turnout in the shape of an elegant trap and a pairof superb bays driven tandem, which passed the Mainwaring carriageand took its position at some distance nearer the pier. Seated inthe trap were Harold Mainwaring and Hugh Mainwaring, junior. Theirappearance together at that particular time and place excited nolittle wonder and comment, especially when, the gangplank havingbeen thrown down, the young men left the turnout in care of apoliceman and walked rapidly towards the hurrying stream ofpassengers, followed more slowly by Ralph Mainwaring and his party.

  All was explained a few moments later, as that embodiment ofgeniality, William Mainwaring Thornton, loomed up in the crowd, hisdaughter upon one arm, upon the other Miss Carleton, and accompaniedby Mrs. Hogarth and the usual retinue of attendants.

  "Looks like a family reunion, by George!" exclaimed one of theon-lookers, as a general exchange of greetings ensued, but to aclose observer it was evident that between some members of thedifferent parties the relations were decidedly strained. No so withMr. Thornton, however; his first greetings were for the young men.

  "Well, well, Hugh, you contumacious young rascal! how are you? Ihear you've kicked over the traces and set the governor and hissovereigns at defiance! Well, you've shown yourself a Mainwaring,that's all I have to say! Here is a young lady, however, who iswaiting to give you a piece of her mind; you'll have to settle withher."

  "Papa!" exclaimed Edith Thornton in faint protest, her fair facesuffused with blushes as she came forward to meet her lover, whileher father turned towards Harold Mainwaring.

  "Well, my dear sir," he said, extending his hand with the utmostcordiality, "I am glad to meet you in your own proper sphere atlast; I always thought you were far too good looking for a secretary!But, joking aside, my dear boy, let me assure you that as the son ofHarold Scott Mainwaring, one of the most royal fellows I ever knew,I congratulate you and wish you success."

  Deeply touched by Mr. Thornton's kindness and his allusion to hisfather, the young man thanked him with considerable emotion.

  "That is all right," the elder man responded heartily; "I was verysorry not to have met you in London, but I heard the particulars ofyour story from Winifred, and--well, I consider her a verylevel-headed young woman, and I think you are to be congratulatedon that score also."

  "No one is better aware of that fact than I," said the young man,warmly, and passed on to meet the young ladies, while Mr. Thorntonturned to confront the frowning face of Ralph Mainwaring.

  "Hello, Mainwaring! What's the matter? You look black as athunder-cloud! Did you have something indigestible for luncheon?"

  "Matter enough I should say," growled the other, unsuccessfullytrying to ignore Mr. Thornton's outstretched hand, "to find youhobnobbing with that blackguard!"

  Mr. Thornton glanced over his shoulder at the young people with acomical look of perplexity. "Well, you see how it is yourself,Mainwaring: what is a fellow to do? This is a house divided againstitself, as it were, and no matter what my personal sentimentstowards you might be, I find myself forced to maintain a positionof strict neutrality."

  "Neutrality be damned! you had better maintain better parentalgovernment in your own family!"

  "As you do in yours, for instance."

  "You know very well," continued Ralph Mainwaring, flushing angrily,"that if you had forbidden Edith marrying Hugh under presentconditions, he would have got down off his high horse very quickly."

  "That is something I would never do," Mr. Thornton replied, calmly,"for two reasons; first, I have never governed my daughter by directcommands and prohibitions, and, second, I think just as much of HughMainwaring without his father's money as with it; more, if it is tobe accompanied with the conditions which you imposed."

  "Then am I to understand," demanded the other, angrily, "that youintend to go against me in this matter?"

  "My dear Mainwaring," said Mr. Thornton, much as he would address apetulant child, "this is all the merest nonsense. I am not goingagainst you, for I have no part in this contest; my position isnecessarily neutral; but if you want my opinion of the whole matter,I will tell you frankly that I think, for once in your life, youhave bitten off more than you can swallow, and you will find it sobefore long."

  "Perhaps it might be just as well to reserve your opinion till itis called for," the other answered, shortly.

  "All right," returned Mr. Thornton, with imperturbable good humor;"but any time that you want to wager a thousand or so on the outcomeof this affair, remember the money is ready for you!"

  The conversation changed, but Ralph Mainwaring was far morechagrined and annoyed than he would have acknowledged. Mr.Thornton's words rang in his ears till they seemed an augury ofdefeat, and, though outwardly as dogged and
defiant as ever, he wasunable to banish them, or to throw off the strange sense ofdepression which followed.

  Meanwhile, amid the discordant elements surrounding them, HaroldMainwaring and Winifred Carleton found little opportunity for anybut the most desultory conversation, but happily there was littleneed for words between them. Heart can speak to heart through thesubtle magnetism of a hand-clasp, or the swift flash from eye toeye, conveying meanings for which words often prove inadequate.

  "You wrote that you were confident of victory, and your looks bearit out," she said, 'with a radiant smile; "but I would have comejust the same, even had there been no hope of success for you."

  "I need no assurance of your faith and loyalty," he replied, gazingtenderly into her luminous eyes, "but your coming will make mytriumph ten times sweeter."

  "Of course you will spend the evening with, us at our hotel,--unclecabled for apartments at the Savoy,--and I am all impatience tolearn whatever you are at liberty to tell me concerning your case,for there must have been some wonderful developments in your favorsoon after your arrival in this country, you have seemed so much morehopeful; and do not let me forget, I have something to show you whichwill interest you. It is a written statement by Hugh Mainwaringhimself regarding this identical will that is causing all thiscontroversy."

  "A statement of Hugh Mainwaring's!" Harold repeated in astonishment;"how did it come into your possession?"

  "That is the strangest part of it," she replied, hurriedly, forthey had now reached the carriages in waiting for them. "I receivedit through the mail, from America, a few days before I left London,and from--you cannot imagine whom--Mr. Merrick, the detective.How he ever knew my address, or how he should surmise that I wasparticularly interested in you," she blushed very prettily withthese words, "is more than I can understand, however."

  "I think I can explain that part of it," said Harold, with a smile;"but how such a statement ever came into his hands is a mystery tome. I will see you this evening without fail," and, assisting MissCarleton into the carriage, he bade her au revoir, and hastened torejoin young Mainwaring.

  That evening witnessed rather a novel reception in the privateparlors of the Savoy; both parties to the coming contest beingentertained by their mutual friends. When Harold Mainwaring finallysucceeded in securing a tete-a-tete conversation with Miss Carleton,she placed in his hands a small packet, saying,--

  "You will find in this the statement of which I spoke to you, andI wish you would also read the accompanying note, and explain howthe writer came to have so good an understanding of the situation."

  With eager haste he drew forth a sheet of paper little less time-wornand yellowed than the ancient will itself, upon which was written,in the methodical business hand with which he was so familiar, abrief statement to the effect that a certain accompanying documentdescribed as the last will and testament of Ralph Maxwell Mainwaringhad been drawn and executed as such on the night preceding hisdeath, its intent and purpose being to reconvey to an elder son thefamily estate, to which he had previously forfeited all right andtitle; that efforts made to communicate with the beneficiary hadproved unavailing, as he had left the country and his place ofresidence was unknown. Then followed Hugh Mainwaring's signature.At the bottom of the page, however, was a foot-note of much laterdate, which put a different complexion on the foregoing, and whichread as follows:

  "It has now been ascertained for a certainty that the beneficiarymentioned in the accompanying will is no longer living. I have,therefore, a clear title to the estate, as it would revert to me athis death. The document itself is worthless, except as a possiblemeans of silencing that scoundrel, Hobson, should he attempt toreveal anything of the past, as he has threatened to do, and forthis purpose I shall retain it in my possession until such time asI make final adjustment of my affairs.

  "HUGH MAINWARING."

  "Ah," said Harold Mainwaring, thoughtfully, as he suddenly recalledthe morning when he had discovered Merrick and his assistant draggingthe lake at Fair Oaks, "I think I understand how this paper cameinto Merrick's possession. It was evidently kept in the samereceptacle which held the will, but in my haste and excitement atthe discovery of the will I must have overlooked it. The box inwhich these papers were kept afterwards fell into Merrick's hands,and he must have found this."

  "That solves one riddle, here is the other," and Miss Carletonhanded her lover a small note, covered with a fine, delicatechirography whose perfectly formed characters revealed a mindaccustomed to the study of minute details and appreciative of theirsignificance. He opened it and read the following:

  "MY DEAR MISS CARLETON:

  "Pardon the liberty I take, but, thinking the enclosed bit of papermight be of some possible assistance to one in whose success Ibelieve you are deeply interested, I send it herewith, as, forobvious reasons, I deem this circuitous method of transmissionbetter than one more direct.

  "As when taking leave of you on board the 'Campania,' so now, permitme to assure you that if I can ever serve you as a friend, you havebut to command me.

  "Most sincerely yours, "C. D. MERRICK."

  A smile of amusement lighted Harold Mainwaring's face as, glancingup from the note, his eyes met those of Miss Carleton's with theirexpression of perplexed inquiry.

  "This is easily explained," he said; "do you remember the tall,slender man whom we observed on board the 'Campania' as being ratherunsocial and taciturn?"

  "Yes, I remember he rather annoyed me, for I fancied he concentratedconsiderably more thought and attention upon us than thecircumstances called for."

  "Which shows you were more observing than I. Such a thought neverentered my mind till I had been about ten days in London, when itoccurred to me that, considering the size of the town and the factthat he and I were strangers, we met with astonishing frequency. Ihave since learned that he was a detective sent over to London onan important case, and being an intimate friend of Merrick's, thelatter, who, I am informed, was shadowing me pretty closely at thetime, requested him to follow my movements and report to him, whichhe evidently did, as I have since heard that Merrick had expressedto one or two that he was not at all surprised by the developmentswhich followed my return to this country. Consequently, it is notto be wondered at if he has an inkling that you may be somewhatinterested in this case."

  "But what could have been Mr. Merrick's object in shadowing you?"

  "I cannot say. It may have been only part of his professionalvigilance in letting nothing escape his observation; but from thefirst I was conscious of his close espionage of my movements. Now,however, I am satisfied that he had none but friendly intentions,and I appreciate his kindness, not only towards myself, but moreespecially towards you."

  "Will that statement be of any assistance to you, do you think?"

  "I hardly think so under our present plans," he replied, after amoment's reflection; "under recent developments our plans differso radically from what we first intended, that we will probablyhave little use for any of the testimony which we had originallyprepared."

  "But these recent developments which have so changed your plansmust certainly have been in your favor and have rendered yoursuccess the more assured, have they not?"

  "Not only more assured, but more speedy and complete. To me, thecoming trial means far more than the settlement of the controversyover the estate; it means the complete and final vindication of mycharacter, so that I can stand before you and before the worldacquitted of every charge which my enemies would have sought tobring against me."

  Her face grew radiant with sympathy. "I well know what that meansto you, and I would be first to congratulate you on such a victory,for your own sake; but I needed no public acquittal to convince meof your innocence,--not even," she added, slowly, "when you yourselffor some reason, which I hope one day to understand, were unable toassure me of it."

  His dark eyes,
glowing with suppressed feeling, met hers, theintensity of their gaze thrilling her heart to its inmost depths.

  "Do not think that I can ever forget that," he said in low toneswhich seemed to vibrate through her whole being; "do not think thatthrough any triumphs or joys which the future may bring, I can everforget, for one moment, the faith and love which stood loyally byme in my darkest hour,--the hour when the shadow of the crime,which has forever darkened Fair Oaks, was closing about my verysoul!"

  Startled at the sudden solemnity of his words and manner, sheremained silent, her eyes meeting his without a shade of doubt ordistrust, but full of wondering, tender inquiry, to which hereplied, while for an instant he laid his hand lightly andcaressingly on hers, "Only a few days longer, love, and I will tellyou all!"

  On the morning of the following day a dense crowd awaited, at anearly hour, the opening of the December term of court; a crowd whichwas steadily augmented till, when the case of Mainwaring versusMainwaring was called, every available seat was filled. Allparties to the suit were promptly on hand, and amid a silencealmost oppressive, proponent and contestant, with their counseland witnesses, passed down the long aisle to their respectiveplaces.

  Seldom had the old court-room, in its long and varied history,held so imposing an array of legal talent as was assemble thatmorning within its walls. The principal attorneys for thecontestant were Hunnewell & Whitney of New York, and the Londonfirm of Upham & Blackwell, while grouped about these were a numberof lesser luminaries, whose milder rays would sufficiently illuminethe minor points in the case. But at a glance it was clearlyevident that the galaxy of legal lights opposing them containedonly stars of the first magnitude. Most prominent among the latterwere Barton & Barton, of London, with Mr. Sutherland and hislife-long friend and coadjutor, M. D. Montague, with whom he hadnever failed to take counsel in cases of special importance, allmen of superb physique and magnificent brains; while slightly inthe rear, as reinforcements, were the Hon. I. Ponsonby Roget, Q.C.,another Q.C. whose name had not yet reached the public ear, and aBoston jurist whose brilliant career had made his name famousthroughout the United States.

  Prominent among the spectators were Mr. Scott and Mr. Thornton,apparently on the best of terms, and watching proceedings withdemonstrations of the liveliest interest, while seated at a littledistance, less demonstrative, but no less interested, was youngMainwaring, accompanied by Miss Thornton and Miss Carleton.

  The first day was devoted to preliminaries, the greater part ofthe time being consumed in the selection of a jury. One afteranother of those impaneled was examined, challenged by one side orthe other, and dismissed; not until the entire panel had beenexhausted and several special venires issued, was there found therequisite number sufficiently unprejudiced to meet the requirementsof the situation.

  The remainder of the day was occupied by counsel for contestant inmaking the opening statement. A review of the grounds upon whichthe contest was based was first read by one of the assistantattorneys, after which Mr. Whitney followed with a lengthy statementwhich occupied nearly an hour. He reviewed in detail thecircumstances of the case, beginning with the death of HughMainwaring, and laying special stress upon his irreproachablereputation. He stated that it would be shown to the jury that thelife of Hugh Mainwaring had been above suspicion, an irrefutableargument against the charges of fraud and dishonesty which had beenbrought against him by those who sought to establish the will incontest. It would also be shown that the said document was aforgery, the result of a prearranged plan, devised by those who hadbeen lifelong enemies of Hugh Mainwaring and the contestant, todefraud the latter of his rights, and to obtain possession of theMainwaring estate; and that the transparency of the device inbringing the so-called will to light at that particular time andunder those particular circumstances was only too plainly evident.

  Mr. Whitney was warming with his subject, but at this juncture hewas peremptorily called to order by Mr. Sutherland, who stated thathe objected to counsel making an argument to the jury, when heshould confine himself simply to an opening statement. Mr. Whitney'sface flushed as a ripple of amusement ran through the courtroom, butthe objection was sustained, and, after a brief summary of what thecontestant proposed to show, he resumed his seat, and the court thenadjourned until the following morning.

  The first testimony introduced on the following day was to establishthe unimpeachable honesty and integrity of the deceased HughMainwaring. Both Mr. Elliot and Mr. Chittenden were called to thestand, and their examination--particularly the cross-examination,in which a number of damaging admissions were made--occupied nearlythe entire forenoon; the remainder of the day being devoted to thetestimony of witnesses from abroad, introduced to show that foryears a bitter estrangement had existed between Frederick MainwaringScott, the alleged foster-father of the proponent, and the membersof the Mainwaring family,--the deceased Hugh Mainwaring and thecontestant in particular; and also to show the implacable anger ofRalph Maxwell Mainwaring against his elder son and the extremeimprobability of his ever relenting in his favor.

  Day after day dragged slowly on, still taken up with the examinationof witnesses for contestant; examinations too tedious and monotonousfor repetition, but full of interest to the crowds which came andwent, increasing daily, till, on the days devoted to the experttestimony, galleries and aisles were packed to overflowing, whilethrongs of eager listeners gathered in the corridors about thevarious exits.

  It soon became evident that Ralph Mainwaring's oft repeatedassertions concerning the elaborate preparation he had made for thecoming contest were no idle boast. Nothing that human ingenuitycould devise had been left undone which could help to turn thescale in his own favor. The original will of Ralph MaxwellMainwaring, by which his elder son was disinherited, was producedand read in court. Both wills were photographed, and numerouscopies, minute in every detail, made, in order to show by comparisonthe differences in their respective signatures. Under powerfulmicroscopes it was discovered that several pauses had been made inthe signature of the later will. Electric batteries were introducedto show that the document had been steeped in coffee and tobaccojuice to give it the appearance of great age. Interesting chemicalexperiments were performed, by which a piece of new paper was madeto look stained and spotted as if mildewed and musty, while by theuse of tiny files and needles, the edges, having first been slightlyscalloped, were grated and the paper punctured, till it presenteda very similar aspect to the will itself as though worn through atthe creases and frayed and tattered with age.

  But the accumulation of this overwhelming mass of expert testimonyfailed to make the impression upon counsel for proponent which hadbeen anticipated by the other side. Mr. Sutherland varied themonotony of the direct examinations by frequent and pertinentobjections, while Barton & Barton took occasional notes, which wereafterwards passed to Sutherland and Montague, and by them used withtelling effect in the cross-examinations, but the faces of one andall wore an expression inscrutable as that of the sphinx.

  Only once was their equanimity disturbed by any ripple of agitation,and then the incident was so little understood as to be soonforgotten. As the third day of the trial was drawing to a close, adespatch in cipher was handed Mr. Sutherland, which when translatedseemed to produce a startling effect upon its readers. Barton &Barton exchanged glances and frowned heavily; Mr. Sutherland'sface for one brief moment showed genuine alarm, and HaroldMainwaring, upon reading the slip of paper passed to him, grew pale.A hurried consultation followed and Mr. Montague left the court-room.

  On the following morning the papers announced that at 11 P.M. thepreceding night, the Victoria, the private car of the president ofone of the principal railway lines, with special engine attached,had left for the West, evidently on business of great importance,as everything on the road had been ordered side-tracked. It wasstated that no particulars could be ascertained, however, regardingeither her passengers or her destination, the utmost secrecy beingmaintained by those on board, including even
the trainmen. Thisitem, though attracting some attention, caused less comment thandid the fact that for the three days next ensuing, neither thesenior Mr. Barton nor Mr. Montague was present in court; but no onesuspected any connection between the two events, or dreamed thatthe above gentlemen, with two of New York's most skilled surgeons,were the occupants of the president's private car, then hasteningwestward at almost lightning speed.

  On the afternoon of the sixth day of the trial, as it becameapparent that the seemingly interminable evidence submitted bycontestant was nearly at an end, the eager impatience of the waitingcrowd could scarcely be restrained within the limits of order. Achange was noticeable also in the demeanor of proponent and hiscounsel. For the two days preceding they had appeared as thoughunder some tension or suspense; now they seemed to exhibit almostan indifference to the proceedings, as though the outcome of thecontest were already a settled fact, while a marked gravityaccompanied each word and gesture.

  At last the contestant rested, and all eyes were fixed upon Mr.Sutherland, as, after a brief pause, he rose to make, as wassupposed, his opening statement. Instead of addressing the jury,however, he turned towards Judge Bingham.

  "Your honor," he began, in slow, measured tones, "it now lacks butlittle more than an hour of the usual time for adjournment, andafter the constant strain which has been put upon our nerves forthe past six days, I feel that none of us, including yourself, yourhonor, are in a sufficiently receptive mood to listen to thetestimony which the proponent has to offer. In addition to thisis the fact that our most important witness is not present thisafternoon. I would therefore ask for an adjournment to be takenuntil ten o'clock next Monday morning, at which time I willguarantee your honor and the gentlemen of the jury that theintricate and elaborate web of fine-spun theories which has beenpresented will be swept away in fewer hours than the days whichhave been required for its construction."

  There was an attempt at applause, which was speedily checked, andwithout further delay the court adjourned.

  As judge, jury, and counsel took their respective places on thefollowing Monday at the hour appointed, the scene presented by theold court-room was one never before witnessed in its history.Every available inch of standing room, both on the main floor andin the galleries, was taken; throngs were congregated about thedoorways, those in the rear standing on chairs and benches thatthey might obtain a view over the heads of their more fortunateneighbors, while even the recesses formed by the enormous windowswere packed with humanity, two rows deep, the outer row embracingthe inner one in its desperate efforts to maintain its equilibrium.

  The opposing sides presented a marked contrast in their appearancethat morning. Ralph Mainwaring betrayed a nervous excitement veryunusual in one of his phlegmatic temperament; his face alternatelyflushed and paled, and though much of the old defiant bravadoremained, yet he awaited the opening of proceedings with visibleimpatience. Nor was Mr. Whitney less excited, his manner revealingboth agitation and anxiety. On the part of Harold Mainwaring andhis counsel, however, there was no agitation, no haste; everymovement was characterized by composure and deliberation, yetsomething in their bearing--something subtle and indefinable butnevertheless irresistible--impressed the sensibilities of the vastaudience much as the oppressive calm which precedes an electricstorm. All felt that some great crisis was at hand, and it wasamid almost breathless silence that Mr. Sutherland arose to makehis opening statement.

  "Gentlemen of the jury," he began, and the slow, resonant tonespenetrated to the farthest corner and out into the corridors wherehundreds were eagerly listening, "as a defence to the chargessought to be established in your hearing, we propose to show, notby fine-spun theories based upon electrical and chemical experiments,nor brilliant sophistries deduced from microscopic observations,but by the citation of stubborn and incontrovertible facts, thatthis document (holding up the will), copies of which you now havein your possession, is the last will and testament of Ralph MaxwellMainwaring, executed by him on the night preceding his death, andas such entitled to stand; that this will, from the date of itsexecution to the day of its discovery on the seventh of July last,was wilfully and fraudulently withheld from publication, and itsexistence kept secret by the deceased Hugh Mainwaring. That theproponent, Harold Scott Mainwaring, is the lawful and only son ofthe beneficiary named therein, and as such the sole rightful andlawful heir to and owner of the Mainwaring estate. More than this,we propose at the same time and by the same evidence to foreverdisprove, confute, and silence any and every aspersion andinsinuation which has been brought against the character of theproponent, Harold Scott Mainwaring; and in doing this, we shall atlast lift the veil which, for the past five months, has hung overthe Fair Oaks tragedy."

  Mr. Sutherland paused to allow the tremendous excitement producedby his words to subside; then turning, he addressed himself to thejudge.

  "Your honor, I have to request permission of the court to depart ina slight degree from the usual custom. The witness for the defenceis in an adjoining room, ready to give testimony when summoned todo so, but in this instance I have to ask that the name be withheld,and that the witness himself be identified by the contestant and hiscounsel."

  The judge bowed in assent, and amid a silence so rigid and intenseas to be almost painful, at a signal from Mr. Sutherland, the doorsof an anteroom were swung noiselessly open and approaching footstepswere heard.