CHAPTER XLVI
THE OLD LAWYER DECLINES TO SURPRISE THE COURT, AND SURPRISES LEECH
The next morning the case was called, and the whole village was astir.In the little conclave held after the marriage it had been discussedwhether anything should be said about it until after the jury wasimpanelled, when it could be sprung on Leech, and, in the surprise thusoccasioned, the jury be forced to give a verdict of acquittal.
Some were for taking this course, and this was Steve’s wish; but oldMr. Bagby said, No. He had lost one case, he said, by allowing hisclient to act on a sentiment, and he would not risk another. Sentimentwas sentiment, but law was law. He looked through his spectaclessignificantly at Major Welch. He believed in making every defenceas you came to it. So, as Major Welch was sure he would receive thetelegrams he was expecting from the North, and agreed with Mr. Bagby,this plan was adopted. It was decided to announce the marriage beforethe beginning of the trial, and take the postponement that would almostinevitably occur.
The secret was well kept, and, up to the last moment before the trial,there was no idea on Leech’s part of what had taken place. He had puton a new and longer black coat than usual, and a carefully tied whitecravat; and, with his books and papers clasped to his breast, and hispale eyes downcast except when he lifted them covertly and cast a swiftglance of conscious triumph around him, he moved about the court-greenbusy and noiseless. He was still haggard from his late illness, butthere was an air of triumph even in the flapping of his loose coat andthe line of his thin back.
But, notwithstanding Leech’s ignorance, an idea had got abroad thatsomething unusual would happen. The lawyers for Captain Allen werestill grave; but they wore a more confident air than they had exhibitedyesterday. Andy Stamper was chirpy and facetious, and had a look ofdeeper mystery than he was wont to wear except when events were aboutto happen. It was known that Major Welch, who had just returned fromthe North, had been to the railway station after midnight, and hadremained there until daybreak; and it was known, further, that Mrs.Welch and Miss Welch had left the tavern, and were staying at Mrs.Dockett’s. So there was something in the air. It was rumored thatMcRaffle had been sent away by Leech.
When Captain Allen walked across the green from the jail to thecourt-house, he wore a look of triumph which cheered the hearts ofhis friends. They crowded round him, to speak to him and shake hishand; and he laughed and chatted with them like a victor, not like aprisoner. One man called to him: “We came near taking you out of yonderlast night, Captain; and if you just crook your finger, we’ll cleanup the whole gang now. There’s several of the old Company around hereyet.” Steve looked over at him and smiled.
“It’s all right, Michael. Don’t trouble yourself.” And the crowdpressed after him into the court-house, which was already jammed.
The case was called, and the Court asked the usual question whethercounsel were ready. Leech replied meekly that the Government was ready,and glanced across at the array of counsel for the prisoner. After amoment’s hesitation, old Mr. Bagby slowly rose:
“If the Court please!” he said, “we are ready for the defence; butbefore entering on the case, there is a statement which I feel—whichwe feel—it is proper we should make, as we do not wish to surprise theCourt, or to take any advantage of a state of facts which may cause asurprise to the other side.”
He turned to Leech, on whose face a look of wonder was beginning todawn.
“I believe I see among the list of witnesses summoned for theprosecution the name of a witness—” (the old lawyer took up the bookcontaining the list of witnesses, and scanned it as if he had not seenit before)—“of a young lady—ah—Miss Welch—who, I believe, hasbeen summoned ah—who I understand has been summoned to prove—ah—totestify to certain statements alleged to have been made by our client,which are deemed material.” He looked across at Leech, who was staringat him in vague wonder. “Am I correct in this, Colonel Leech?” Hisvoice was never so unctuous and his manner so civil as when he waspreparing a deadly thrust.
“Umph, I don’t know. I believe there is a witness of that name, toprove some of the prisoner’s confessions. There are a number ofothers. We are not dependent on her at all,” said Leech, with insolentindifference.
“Ah!” drawled the old lawyer. “I was misinformed.” With a bow, hetook his seat. As he did so, he added, slowly, “I understood she wasa material witness—a _very_ material witness. If she is not, ofcourse——?” He looked benignantly at the jury and shut his lips. Hewas apparently relieved. Leech cleared his throat nervously. He saw hehad lost whatever advantage the statement would have given him.
“I did not mean that. I did not mean to say she is not a materialwitness.”
The old lawyer turned his eyes on him slowly. “A _very_ materialwitness?”
“Oh, well, yes; I suppose you might say so.”
Mr. Bagby rose again.
“Then I will resume my statement. I am informed that this young ladyto whom I have referred is summoned to prove certain statements ofour client, respecting his supposed connection with the secret andunlawful order for the suppression of which the law, under which thisprosecution is ostensibly made, was framed. I am informed, further,that she is a very material witness—so material, indeed, that but forher testimony it is possible this prosecution, in this particular form,might not have taken place.”
Leech cleared his throat ominously, and Mr. Bagby looked at himbenignly.
“I am inclined to credit this report not only from facts within ourown knowledge, but also because I understand that these conjecturedstatements, whatever they were, were made in the course of conversationof a kind peculiarly confidential, under seal of a friendship unusuallyclose and intimate; and I cannot believe that the learned and amiablecounsel for the Government would have wished to violate wantonly such aconfidence. I can only think he considered that his duty required it.And I am glad to say I have his own statement that such was his view ofthe case” (he took from his hat a paper and held it in his hand), “in aletter which he personally wrote to the young lady’s father.
“It is under these circumstances that I feel it is due to the Court,and may lead to a different disposition of the case, to say to theCourt that the young lady in question is not an eligible witness inthis prosecution.” (He here took from his hat another paper.) “She hasbeen united in the bonds of matrimony to my client, and is at presentthe wife of the accused, Captain Stevenson Allen, and thus is not aneligible witness for or against him.”
He resumed his seat slowly and sedately, amid the dead silence whichhad fallen on the court-room. The next moment the crowd took in thesituation, and the old court-room rang with cheer after cheer. Even thejury were moved to grin, and exchanged pleased glances and words ofwonder and satisfaction.
During the tumult that went on, Leech’s face was a study. Surprise,dismay, baffled revenge, rage, fear, craftiness, dissimulation—allhad their place. He looked about him at the shouting assembly, andgauged all the elements. He took in Captain Thurston’s jolly face,Major Welch’s look of satisfaction, and the shrewd content of old Mr.Bagby, as Major Welch handed him a batch of telegrams. He saw theother lawyers’ faces light up as the telegrams were handed on to themand were eagerly scanned. He knew the wires had been well worked. Hecalculated all the chances. And when the judge, with sharp reprimandsand angry threats, had quelled the noise and restored order, Leech rose.
It was true, he said, that the testimony of the witness mentioned wasmaterial in the aspect of the case as it stood at present, and it wastrue that he had summoned Miss Welch as a witness, only under thestrictest sense of duty and at the greatest cost of pain to himself,as he had already stated to her father. And he was glad that theyat last recognized it. He had not known that the friendship betweenthe—ah—witness and the prisoner, had been carried so far—indeed, itseemed that this last degree of intimacy must have been of quite recentdate. Had he known it, the Court would have been spared some troubleand the Government consider
able expense. As it was, while he was notprepared to say that the Government could not compel the witness totestify when the disability had arisen under such circumstances (herehe glanced at the judge, and read on his countenance that this view wasuntenable; so he added), or could not convict without the witness, hisidea of his duty to the Government was so high that he was unwilling torisk going to trial under the circumstances, until he had summoned oneor two other witnesses who could prove the same facts; and he shouldtherefore consent to an adjournment till next day.
Mr. Bagby rose. “You will ask for it,” he said, looking at Leech. “Weare ready to proceed.” He addressed the Court in a few words, and urgedthat the case proceed or that the prosecution be dismissed. This Leech“could not consent to,” and the Court refused it. Then the old lawyermore firmly insisted that his client be admitted to bail.
Leech was about to rise to resist this also. At that moment, however,a dispatch was handed him. It was from his friends at the nationalcapital, and stated that Major Welch had secured an order to admitCaptain Allen to bail. Leech turned the dispatch over carelessly, facedownward, leant back, and spoke aloud to the man who had handed it tohim. “I’ll send an answer. Wait a little.” He rose.
This motion, he said, he should be glad to assent to, and, indeed,was about to propose himself, as such novel circumstances had arisen;and he should be glad to do anything that would please his friends,especially Major Welch, and he hoped he might add his congratulationsto the young couple and his friend Major Welch, if it was not toolate. This was received with bows more or less perfunctory; only oldMr. Bagby bowed low with mock gratitude, and General Legaie, twirlinghis mustache, said something aloud about a “shameless dog.” The bailwas quickly arranged, and Captain Allen walked out amid the cheers ofthe crowd. The delight of the multitude about the court-green, amongwhom the story had rapidly spread, knew no bounds. There are somethings that strike chords in all hearts, and the happiness of a newlymarried couple is one of them. The negroes had responded to it asquickly as the whites; and when Captain Allen, who, immediately on theannouncement, had been joined by his wife, walked from the court-room,with her at his side blushing and pale by turns, but with her face fullof joy, the enthusiasm of the crowd knew no bounds. Whites and blackscrowded up to congratulate him, and to shake his hand and say pleasantthings to his wife.
Through this throng Leech had to push as he made his way from thecourt-house, his bundle of papers hugged to his chest. His sallowcheeks were deadly white, and his face was drawn and white; but thelook of baffled rage in his eyes was not seen, as he kept them turnedto the ground. He saw many whom he had deemed his closest followerspressing up to be seen among those who congratulated Captain Allen, andhe knew by these weather-cocks that the wind had turned and the gamewas lost.
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