 Chapter 34 of THE EYE OF DREAD THE EYE OF DREAD by Paine Erickson Chapter 34. Gene Craigmire's Return When at last Gene Craigmire returned, a glance at her face was quite enough to convince Ellen that things had not gone well. She held her peace, however, and told her sister had had time to remove her bonnet and her shawl and dress herself for the house, before she broke in upon Gene's grim silence, then said, "'We all, Gene, I'm thinking we'd better walk with it.' "'It's Tilly, no going. To bring in the tea? It's past the hour. I see she grows slack waiting me to look after her.' "'Ring for it then, Gene. I'm no for leaving my chair to ring for it.' So Gene called the cord and the tea was brought in due time, with hot scones and the unwarranted addition of a bowl of roses to grace the tray. "'The pauses are agreed to ye, Gene. I ordered them myself, real, and so ye and found them.' "'Oh, sister, my heart's heavy and sour. I cannot thaw to tell ye.' "'But you mung-doot, and the sooner ye tell, the sooner you'll hang over.' "'He was nabbed. Oh, Ellen, Ellen, you've gone to America. I'm afraid the elder was right, and Hester has gone home to her death. No. Why will we so perceptible in letting her go?' "'Gene, tell me all about it, and I'll pick my mind to it, and help you think it ought. Don't you leave ought a thing, for the time ye left me till the north.' "'Slowly,' Gene called her sister's tea, and handed it to her. "'Tuck your scones while they're hot, Ellen. I went to the place where he'd been lived, and I had the direction all right, but when I called, I found a little man in possession. The man was an Englishman, so I got on the wheel for the speaking. "'Is little I could do with a Frenchman? He was a dirty little man, and he was dobbing away at a picture when I opened the door and walked in. I said to him, "'Where's Richard?' "'No, no, no,' I said to him, calling Richard by the name he's been going by. I said, "'Where's Robert Cater?' He jumped up and began fiddling about the room, setting me a chair and a light, and I asked again, "'Is this the pendulum room of Robert Carter?' And he said, "'It was his room, yes.' Then he asked me, "'Was I any kin to him?' And I told him, "'Did he think I would come walking into his place, the lyre-call, that if I was no kin to him?' And then he began telling me a stringled talk, and I couldn't now map head or tail-ort, so I asked again, "'If you're a friend or his, will you tell me where he's gone?' And then he said it straight-out, to America, and in thug broke my heart. For a minute, Jean sat and sicked her tea, and wiped the tears from her eyes. Then she took up the thread of her story again. Then he seemed all at once to be thinking himself, or something, and he ran to his coat that was hanging behind the door on a nail, and he drew-drawed a letter for the pocket, and here it is. "'Are you Robert's aunt, Jean?' he asked, and I told him, "'Anne, surely,' he said. "'Anne, I don't think he owed enough to be his aunt, Jean.' Then he began to excuse himself for all forgetting to mail that letter. I promised him I would.' He said, "'But GC, I have now been wearing my best coat since he left, and that's why we gave him a banquette,' he says, and I wore my best coat through the banquette, and he gave me this, and told me to mail it after he was well away.' And he says, "'I knew I ought not to put it in this coat pocket, for I'd forget it.' And so he ran on, but it was not so good a coat, for the lining was a torn, and it was grey with dust, for I took it and brushed it, and mended it myself before I left Paris.' Again Jean paused, and taking it out her neatly folded handkerchief, wiped away the falling tears, and sipped a moment at her tea in silence. "'Tuck ye a bit over the scornes, Jean. Ye don't know how matters by going were all eaten. If the lads don't a shame or thing, ye don't know how by him breathing, ye mourn the thorn, ye don't know your best I don't, or though mistakenly to try to keep it from me.' He was, say, Bonnie, Ellen, and that, like his mother, twiddled out in the air, told she ought to look at him. "'Panel ye Mars to tell me? Sure, it never took ye these ten days to find out what ye had told it. The man was as a sort or a body, and he took me out to tea with him at a cafe, and he paid it himself, but I'm thinking his purse was a ceremony when he got through with it. I could not help it. Men are rather musty bodies. I made it up to him, though, for I bided a day or two at the hotel, and went to the room, the petting room, where I found him. There was where he stayed, for he was keeping things as they were, he said, for the one who was to come into the things. Robert Cater had left there. Ye find old about that, when ye read the letter, and I made it as clean as ye hand before I left him. He made a door face when he came in, and found me at it, but I'm thinking he came to like it after all, for I heard him Muslim to himself, as I went down the stair after telling him goodbye. Again ye had seen that a dirt I took out, or that room, Ellen, ye would have held up ye two hands in horror. There were crusts and bones behind the pictures standing against the wall that the rats and mice had been gnawing there, and there were bottles on the shelf of an old empty and crumbly cobwebs and dust, and the floor was so thick with dirt it had to be scrapped. And what were old papers and rags? I had a great basket fully taken away. Let be a bundle of shirts that needed mending. I took the shirts to the hotel, and there I mended them until they were good enough to wear, and sent them back. So there was as good as the price or the dinner ye gave me, and nothing he said. Nor read the letter, and ye'll see why I'm greeting. Which has gone to America to procure his soul. He says it was to guide himself up to the law, but from the letter to Hester, is likely his courage failed him. There's nothing to make old but that, and he's say bonny and sweet like his mother. Jean Cragmal threw her apron over her head, and rocked herself back and forth, while Ellen set down her cup, and reluctantly opened the letter. Many pages, in a long business envelope, she sighed as she took them out. It's a way for thing how much trouble and sorrow a man body brings until the world with him. Nor there's richer trial and sorrow after him were every girls. But ye mind it came from Catherine's first, marry with Larry Caudine, and win in right away with him, replied Jean. It was Larry held at her old right as she had been brought for safety. They both sat in silence while Ellen read the letter to the very end, at last with a long, injuring sigh she spoke. It's Nor like a lad that could write sick a letter to purge his soul. Nor won ye greet Jean. He's given ye everything he possesses. We won all the twelve pictures in the salon. Think what, Anna, he's got rather ones he sold, except enough to take him to America. You can't take it. Nor I had given them to the Englishman while has his room. I couldn't now take them. Jean continued to sway back and forth with her apron over her head. Ye have given them away. All the pictures painted by her own niece's son are twice accepted by the salon. Child, child, I do not think it will ye. Ellen leaned forward in her chair approvingly with the letter crushed into her lap. I told him to keep them safe as he was doing and if he got no word from me after six months he was divided in the room with them. They were his. Oh, you're wiser than I thought, Jean. For a long time they sat in silence until at last Ellen took up the letter to read it again and began with the date at the head. Jean, she cried, holding it out to his sister and pointing to the date with shaking finger. Will ye look at that, Nor? Are we both daft? It's no possible for him to have gotten there before that letter was written to Hester. Jean, look ye here. It is the third day of June it was written by his own hand. Count it out, Helen. Count it out. Here's the calendar. I'll amark. Nor, where are it? It's twelve weeks since Hester and I left and she got the letter the day before that and it's fifteen days. And it takes twelve weeks, Mer, for the boat to come across the ocean and that gives fourteen days, Mer, for that letter to Hester was written and three days for our Liverpool here. Picks it back to seventeen days and fifteen days max thirty-two days and here it's nearing the last of June. Jean, when Hester's friend was written that letter to Hester, Richard was just sailing for France. Thank the Lord. Thank the Lord! ejaculated her sister apparently. Ellen, it's you for having the head to think it would. Thank the Lord! And now the day so wept again for very gladness. Ellen folded her hands in her lap complicitly and nodded her head. Neither good had she self-gene but ye I let she self get excited nor it's only for us to bide in peace and quiet and know that the earth is the Lord's and the fullness thereof until we hear from Hester. Ay, may the Lord put it in her heart to write soon. While the good cragmiles of Aberdeen were composing themselves to the hopeful view that Ellen's discovery of the date had given them Larry Caudine and Amalia were seated in a car luxurious for that day, speeding eastward over the desert across which Amalia and her father and mother had fled in fear and probation for a shorter time before. She gazed through the plate glass windows and watched the quivering heat waves rising from the burning sands while she knew those terrible planes. She saw the bleaching bones of animals that had fallen by the way even as their own had fallen and her eyes filled. She remembered how Harry King had come to them one day riding on his yellow horse riding out of the setting sun toward them and how his companionship had comforted them and his courage and help had saved them more than once and how had it not been for him their bones too might be lying there now riding in the heat. Oh Harry, Harry King she who had once crossed those rarely planes behind a jaded team now felt that the rushing train was crawling like a snail. Larry Cadilln seated facing her and watching her lean forward and touched her hand. We're going at an awful pace, he said to think of ever crossing these planes with the speed of the wind. She smiled around smile. Yes that is so but it still is very slowly we go when I measure with my thoughts the swiftness in my thoughts we should fly, fly. It will be only three days to Chicago from here and then one night at a hotel to rest and clean up and the next day we are there in Louvette, think of it we're an hour late by the schedule so better think of something else. We'll reach an eating station soon get ready for there will be a rush and we'll not have chance for a good meal again for no one knows how long maybe you're not hungry but I could eat a mule I like this do you know travelling in comfort do you think of me going home to save Peter's bank he chuckled to himself a moment then resumed and that's equivalent to saving the man's life well it's a poor way for a man to go through life able to see no way but his own way it narrows his vision and shortens his reach foresee let him find his way close to him and whoop, he's at an end again Larry sat and watched her as he silently chuckled over his present situation again he reached out and patted her hand and again she smiled at him but he knew where her thoughts were Harry King had been gone but a short time when Madame Ravuska, inspired by Malia's watchfulness wandered away for the last time on this occasion she did not go toward the fall but went along the trail towards the plains below it was nearly evening when she eluded Malia and left the cabin frantically they searched for her all night riding through the darkness carrying the torches and calling in all directions as far as they supposed her feet could have carried her but did not find her until early morning lying peacefully under a little scrub of time far down the trail by her side lay her husband's warm coat with the lining torn away and a small heap of ashes and charred papers she had been destroying the documents he had guarded so long but she would not leave them to witness against him tenderly they took her up and carried her back to the cabin and laid her in her bunk but she only babbled off Paul telling happily that she had seen him and that he was coming up the trail after her and that now they would live on the mountain in peace and go no more to Poland and quickly after that she dropped to sleep again and never woke she was with Paul at last then Malia dressed her in the black silk Larry had bought her and they carried her down the trail and carried her in a grave beside that of her husband and there Larry read the prayers of the English church over the two lonely graves while Malia knelt at his side when they went down the trail to take the chain after receiving Betty's letter they marked the place where the cross which Larry had made truth to tell as they sat in the car facing each other Larry himself was sad and he tried to keep Amelia's fort cheerful at last she waked up the fort that it was only for her he maintained that forced light-heartedness and the realisation came to her that he also had cause for sorrow on leaving the spot where he had so long lived in peace to go to a friend in trouble the fort helped her and she began to converse with Larry instead of sitting silently macked in her own griefs because her heart was with Harry King failed her anxiety for him she talked mostly of him and that pleased Larry well for he too had need to speak of Harry now there's a character for you as fine as sweet as a woman and strong too I've seen enough of men to know the best of them when I find them I saw it in him the moment I got him up to my cabin and laid him in my bunk he, he minded me of one that's gone his voice dropped to the undertone of a remissance of one that's long gone, long gone could you tell me about it a little? just a very little Amelia leaned toward him pleadingly it was the first time she had ever asked of Larry Cadill or Harry King a question that might seem like seeking to know a thing purposely kept from her but her intuitive nature taught her the time had now come when Larry longed to speak of himself and the loneliness of his soul pleaded for him it's little in dude I can tell you but it's little he ever told me but it came to me more than once more than once but he might be my own son Amelia recorded with a shock of surprise she drew in her breath and looked in his eyes eloquently oh oh are you never asked him no not in so many words no but I came near enough to give him a chance to tell the truth if he would but he had reasons of his own and he would not then where we go now to him you have been to that place before not I have and he, he knows it not he knows it well I told him it was there I left my son my little son but he would say nothing I was not even sure he knew the place until these letters came to me he hasn't yet written me no word only the message he sent me in his letter to you that he will some time write me then Larry took Betty's letter from his pocket and turned it over and over sadly this letter tells me more than else but it sets me strangely adrift in my thoughts it's not at all like what I've had thought it might be Amelia leaned forward eagling oh tell me more a little what you thought it might be this letter has added more to the heartache than all else that could be either Harry King is my son Richard Kildee or he is the son of the man who hated me and brought me sorrow there you see the reason he would tell me nothing he could not but how is it that you do not know your own son it is so strange Larry's eyes filled as he looked off over the Arab plains it's a long story that I told it to him once to try to stir his heart toward me but it was of no use and I'll not tell it now but this I'd never looked on my boy since I held him in my arms a heart-breaking man until he came to me there that is if he were he but if Harry King is my son then he is all the more a liar and a coward if the claim against him is true I can't have it so it is not so he is no liar and no coward Amelia spoke with finality I tell you if he is not my son then he is the son of the man who hated me but even that man will not show him as his son the little girl who wrote this letter to me she pleads with me to come on and set them all right but even she who loved him who has loved him can urge no proof beyond her own consciousness as to his identity it is beyond my understanding her little girl she she has loved your son she has loved Harry, Harry King whom has she loved Amelia only breathed the question she has not said I only read between the lines how is it so you read between the lines what is it you read Larry saw he was making a mistake and resumed hurriedly I'll tell you what little I know later and we will go there and find out the rest but it may be more to my sorrow than my joy perhaps that's why I'm taking you there to be a help to me I don't know I have a friend who will take us both in and who will understand as no one else I go to neither my joy nor my sorrow they are of the world I will be no more of the world but I will live only in love to the Christ so may I find in my heart peace as the sweet sisters who guarded me in my childhood away from danger when that my father and mother were in fear and sorrow living they told me there only make one fine peace from sorrow I will go to them perhaps perhaps they will take me again I do not know but I will go first with you sir Claudine wherever you wish me to go for you are my friend now as no one else but for you I am on earth forever alone End of chapter 34 Recording by Elaine Webb, Bristol, England Chapter 35 of The Eye of Dread This is a LibriVox recording All LibriVox recordings are in the public domain For more information or to volunteer please visit LibriVox.org Recording by Robert White The Eye of Dread by Payne Erskine Chapter 35 After Mr. Ballard's visit to the jail he took upon himself to do what he could for the young man out of sympathy and friendship towards both parties and in the cause of simple justice he consulted the only available counsel left him in Levite a young lawyer named Nathan Goodbuddy whom he knew but slightly he told him as much of the case as he thought proper and then gave him a note to the prisoner addressing him as Harry King Armed with this letter the young lawyer was soon in close consultation with his new client Despite Nathan Goodbuddy's youth Harry was favorably impressed The young man was so interested so alert so confident that all would be well he seemed to believe so completely the story Harry told him and took careful notes of it saying he would prepare a brief of the facts on the law and that Harry might safely leave everything to him You were wounded in the hip you say Nathan Goodbuddy questioned him We must not neglect the smallest item that may help you for your case needs strengthening You say you were lame by it but you seem to have recovered from that Is there no scar? That will not help me My cousin was wounded also but his was only a flesh wound from which he quickly recovered nothing I doubt if anyone here in Levite ever heard of it but it's the irony of fate that he was more badly scarred by it than I He was struck by a spent bullet that tore the flesh only while the one that hit me went cleanly to the bone and splintered it Mine laid me up for a year before I could even walk with crutches while he was back at his post in a week and both wounds were in the same place on the same side for instance on the same side yes but his was lower down Mine entered the hip here while he was struck about here Harry indicated the places with a touch of his finger I think it would be best to say nothing about the scars unless forced to do so for I'll walk as well now as I ever did and that will be against me That's a pity now isn't it Suppose you try to get back a little of the old limp Harry laughed No I'll walk straight besides they've seen me on the street and even in my father's bank Too bad, too bad Why did you do it? How could I guess there would be such an impossible development until I saw Miss Ballard here in this cell I thought my cousin dead Why? My reason for coming here was to confess my crime but they won't give me the chance They arrest me first of all for killing myself Now that I know my cousin lives I don't seem to care what happens to me except for others But man, you must put up a fight Suppose your cousin is no longer living you don't want to spend the rest of your life in the penitentiary because he can't be found I see If he is living, this whole trial is a farce and if he is not, it's a tragedy We'll never let it become a tragedy I'll promise you that The young man spoke with smiling confidence but when he reached his office again and had closed the door behind him his manner changed quickly to seriousness and dead I don't know, he said to himself I don't know if this story can be made to satisfy a jury or not a little shady too much coincidence to suit me He sat drumming with his fingers on his desk for a while and then rose and turned to his books I'll have a little lore on this case Some point upon which we can go to the Supreme Court and for the rest of that day and long into the night Nathan Goodbody consulted with his library In anticipation of the unusual public interest the District Attorney directed the summoning of 25 jurors in addition to the 25 of the regular panel On the day set for the trial the courtroom was packed to the doors Inside the bar were the lawyers and the officers of the court Elder Craigmill sat by Milton Hibbard In the front seats just outside the bar were the 50 jurors and back of them were the ladies who had come early or who had been given the seats of their gentlemen friends who had come early and whose gallantry had momentarily gotten the better of their judgement The stillness of the courtroom like that of a church was suddenly broken by the entrance of the judge a tall spare man with grey hair and a serious outlook upon life As he walked towards his seat the lawyers and officers of the court rose and stood until he was seated The clerk of the court read from a large book The Journal of the Court of the Previous Day and then handed the book to the judge to be signed When this ceremony was completed the judge took up the court calendar and said The State v Richard Kildeen and turning to the lawyers engaged in the case added Gentlemen, are you ready? We are ready answered the district attorney Bring in the prisoner When Harry entered the courtroom in charge of the sheriff he looked neither to the right nor to the left and saw no one before him but his own counsel who rose and extended a friendly hand and led him to a seat beside himself within the bar Nathan Goodbody then rose and turned the court with an air of confident modesty as if he were bringing forward a point so strong as to require nothing more than the simple statement to give it weight said If the court please, the defense is ready But I have noticed, as no doubt the court has noticed a distinguished member of this bar sitting with the district attorney as though it were intended that he should take part in the trial of this case and I am advised that he intends to do so I am also advised that he is in the employ of the complaining witness who sits beside him and that he has received or expects to receive compensation from him for his services I desire at the outset of this case to raise a question as to whether counsel employed and paid by a private person has a right to assist in the prosecution of a criminal cause I therefore object to the appearance of Mr. Hibard as counsel in this case and to his taking any part in this trial If the facts I have stated a question I will ask Elder Craigmill to be sworn The court replied I shall assume the facts to be a stated by you unless the counsel on the other side descent from such a statement Considering the facts to be a stated your objection raises a novel question Have you any authorities? I do not know that the Supreme Court of this state has passed upon this question I do not think it has but my objection finds support in the well-established rule in this country that a public prosecutor acts in a quasi-judicial capacity His object, like that of the court should be simple justice The District Attorney represents the public interest which can never be promoted by the conviction of the innocent As the District Attorney himself could not accept a fee or a reward from private parties so I urge counsel employed to assist him must be equally disinterested The court considers the question an interesting one but the practice in the past has been against your contention I will overrule your objection and give you an exception Mr. Clark, call a jury Footnote 1 The question raised by the Prisoner's Council was ruled in favour of his contention in Beemle v. State 71, Whiz 444 decided in 1888 Then came the wearisome technicalities of the impaneling of a jury with challenges for cause and peremptory challenges until nearly the entire panel of 50 jurors was exhausted In this way two days were spent with the result that when counsel on both sides expressed themselves are satisfied with the jury everyone in the courtroom doubted it As the sheriff confided to the Clark it was an even bet that the first 12 men drawn were safer for both sides than the 12 men who finally stood with uplifted hands and were again sworn by the Clark Harry King who had never witnessed a trial in his life began to grow interested in these details quite aside from his own part therein He watched the Clark shaking the box wondering why he did so until he saw the slips of paper being drawn forth one by one from the small aperture on the top and listened while the name written on each was called aloud Some of the names were familiar to him and it seemed as if he must turn a bed and speak to the men who responded to their roll call saying here as each rose in his place behind him but he resisted the impulse never turning his head and only glancing curiously at each man as he took his seat in the jury box at the order of the judge During all these proceedings the elder sat looking straight before him glancing at the prisoner only when obliged to do so and coldly as an outsider might do The trial was taking more time than he had thought possible and he saw no reason for such lengthy technicalities and the delay in calling the witnesses His air was worn and weary The prisoner sitting beside his counsel had taken less and less interest in the proceedings and the crowds who had at first filled the courtroom had also lost interest and had drifted off about their own affairs until the real business of the taking of testimony should come on till at the close of the second day the courtroom was almost empty of visitors The prisoner was glad to see them go so many familiar faces faces from whom he might reasonably expect a smile or a handshake were it possible or at the very least a nod of recognition all with their eyes fixed on him in a blank gaze of aloofness or speculation He felt as if his soul must have been in some way separated from his body and then returned to it to find all the world gazing at the place where his soul should be without seeing that it had returned and was craving their intelligent support The whole situation seemed to him cruelly impossible a sort of insane delusion Only one face never failed him that of Bertrand Ballard who sat where he might now and then meet his eye and who never left the courtroom while the case was on When the time arrived for the introduction of the witnesses the courtroom again filled up but he no longer looked for faces he knew He held himself sternly aloof as if he feared his reason might leave him if he continued to strive against those baffling eyes who knew him and did not know that they knew him but who looked at him as if trying to penetrate a mask when he wore no mask Occasionally his counsel turned to him for brief consultation in which his part consisted generally of a nod or a shake of the head as the case might be While the district attorney was addressing the jury Milton Hibard moved forward and took the district attorney's seat Then followed the testimony of the boys Navshire Lads in their teens who had found the evidences of a struggle and possible murder so long before on the river Bluff Under the adroit lead of counsel they told each the same story and were excused cross-examination Both boys had identified the hat found on the bluff and testified that the brown stain which now appeared somewhat faintly had been a bright red and had looked like blood Then Bertrand Ballard was called and the questions put to him were more searching Though the manner of the examiner was respectful and courteous he still contrived to leave the impression on those in the courtroom that he hoped to draw out some fact that would lead to the discovery of matters more vital to the case than the mere details to which the witness testified But Bertrand Ballard's prompt and straightforward answers and his simple and courteous manner were a full match for the able lawyer and after two hours of effort he subsided Then the testimony of the other witnesses was taken even to that of the little housemaid who had been in the family at the time and who had seen Peter Junior wear the hat Did she know it for his? Yes. Why did she know it? Because of the little break in the straw on the edge of the brim But any man's hat might have such a break What was there about this particular break to make it the hat of Peter Junior? Because she had made it herself She had knocked it down one day when she was brushing up in the front hall and when she hung it up again she had seen the break and knew she had done it and thus in the careful scrutiny of small things relating to the habits life and manner of dressing of the two young men matters about which nobody raised any question and in which no one except the examiner took any interest more days crept by until at last the main witnesses for the state were reached End of chapter 35 Recording by Robert White Chapter 36 Narrows Nessun's Testimony The day was very warm and the jewellery sat without their coats The audience who had had time to debate and argue the question over and over were all there ready to throng in at the opening of the doors and sat listening eager anxious and perspiring Some were strongly for the young man and some were as determined for the elder's views and attention of interest and friction of minds pervaded the very atmosphere of the courtroom It had been the effort of Milton Hibard to work out the sentiment of those who had been so eagerly following the trial in favour of his client's cause before bringing on the final coup of the testimony of the swede and last of all that of Betty Ballard Poor little Betty never for a moment doubting her perception in her recognition of Peter Jr yet fearing those doubting ones in the courtroom sat at home quivering with the thought that the truth she must tell when at last her turn came might be the one straw added to the burden of evidence piled up to convict an innocent man Wordlessly and continually in her heart she was praying that Richard might know and come to them calling him in her thoughts ceaselessly imploring help patience delay anything that might hold events still until Richard could reach them for deep in her heart of faith she knew he would come wherever in all the universe he might be her cry must find him and bring him feel it in his soul and fly to them Bertrand brought Davy and her mother news of the proceedings from day to day and always as he sat in the courtroom watching the prisoner and the elder looking from one set face to the other he tried to convince himself that Mary and Betty were right in their firm belief that it was none other than Peter Jr who sat there with that steadfast look and the unvarying statement that he was the elder's son and had returned to give himself up for the murder of his cousin Richard in the firm belief that he had left him dead on the river bluff G. B. Stiles sat at the elder's side and when Nellis Nelson was walked in and sworn he glanced across at Milton Hibbard with an expression of satisfaction and settled himself back to watch the triumph of his cause and the enjoyment of the assurance of the ten thousand dollars he had coached the Swede and felt sure he would give his testimony with unwavering clearness the elder's face worked and his hands clutched hard on the arms of his chair it was then that Bertrand Ballard watching him with sorrowful glances lost all doubt that the prisoner was in truth what he claimed to be for under the tension of strong feeling the marauder lines of the younger man's face assumed a set power of will immovable, impracable until the force within him seemed to mould the whole contour of his face into a youthful image of that of the man who refused even to look at him every eye in the court was fixed on the Swede as he took his place before the court and was paid to look on the prisoner throughout his whole testimony he never married from his first statement it was always the same do you know the prisoner yeah I know him dot is him I seen him two three times when did you see him first by Ballard's I seen him first he was horse-ridden dot time it was nobody home by Ballard's dot time every body has gone off by dot peak leak at that time did the prisoner speak to you yes he asked me where is Ballard's fault and I told him by peak leak and he asked me where it is for a peak leak is the gone and I told him by Carter Woods by DeVitha and he asked me is Miss Betty gone by damn yet or is she home and I told him where's she gone meet and he is off like the wind on his horses already when did you see the prisoner next by Ballard's yard dot time what time some day morning I seen him talking meet her with whom was he talking oh he talk meet Ballard's girl Miss Betty down by the spring house I seen him go and he kiss her plenty I seen him you are sure it was the prisoner you saw you are sure it was not Peter Cragmire Jr sure it was him I saw Cragmire's son he was named and walked by the crutch all time no it was dog man there I saw where were you when you saw him I was by my room there I sleep it has a rhyme growing by the window up so they never see me but I seen them all right I seen him kiss her and I see her tell him then push him off and she try plenty did you hear what he said to her butchered Ballard look up at the examiner angrily and counsel for the prisoner objected to the question but the judge allowed it to pass unchallenged on the ground that it was a question pertaining to the motive for the deed of which the prisoner was accused yes I hear it little Dave has come up and stand there by the window under and I heard him talking she cry and say she sorry he for kiss her like that and she say he is going there and dot is what for he done it and he don't come back no more and she cry some more did he say anything against his cousin at that time no he don't say nothing only just he say dot's all right about him he say he to junior good man all right only he going they all same was that the last time you saw the prisoner no I seen him dot day and it was evening where were you when you saw him next I was going long knit the calf to eating grass dear by balance yard and he was going long knit his cousin crack my own son and he was fucking slow for his cousin he don't got his crutches off today he got knit dot stick there and he don't go pretty quick minute now it pointed to the heavy blackboard stick lying on the table before the jury were they two young men talking together no they don't speak much I hear it he say it is better you walk by my arm a little yet Peter and crack my own son say you go very much your arm I got no need by it like he was little mad yet you say you saw him in the morning with miss ballard where were the family at that time oh they was gone by the church already and in the evening where were they oh they was by the house and each suffered then did you see the prisoner again that day no I didn't see him dot they no more but dot next day I seen him caught I seen him Harry King here asked his council to object to his allowing the witness to continually assert that the man he saw was the prisoner he does not know that it was I he is mistaken as are you all and Nathan good body leaped to his feet I object on behalf of my client to the assumption throughout this whole examination that the man who the witness claims to have seen was the prisoner no proof to that effect was yet being brought forward the witness was then required to give his reasons for his assertion that the prisoner was the man he saw three years before by what marks do you know him why is he not the man he claims to be the son of the plaintiff oh I know him all right Mr. Crickmeal's son he was more white in the face he's fair as more I don't know how you call dot cooked on his head yet now put his hand to his head and caught one of his straight power gold locks untrusted it about it was going round so and it was more lighter yet as dot man here and his face was more lighter too and he walked lipstick all time and he don't go long made his head up red in his face like this man here and dark in his face too Crickmeal's son go all time limp his soul now's took a step to illustrate the limp of Peter junior when he had seen him last do you see any other points of difference were the young men the same height yes they must just go height like each other but not so vied out yet this man he is vied yet as Mr. Crickmeal's son he is got more chest like vongot horse or I know by men yes the same like horse that is the difference yet now could you tell the court just what you saw the next day at what time of day was it it was by the night I seen him on Monday night yes late Monday night no not so late but it was dark already tell the court exactly where you saw him when you saw him and with whom you saw him and what you heard said it was by ballads I seen him I was coming home and it was dark already just like I told you and I seen that man come along by ballads house by the door long time I seen him stand there and I just go by the little trees under and watching that in his for doing dear not man and I seen him it is the younger man that is come to day asking there is ballads folks and so I just wait and look a little out and I watching him and I seen him stand and that in minute by the door outside and I get me low under the little small barra bushes ballads is caught by the door under the window there and I seen him he's going in and just the miss Betty sitting and he go right down on his knees and there she jumped like she is scarred then she taking his head in her hands and she asked him that for it's it that blood she got it on his head and so he say it is by frightening he has got it and she say why for is he fighting and he say mit he's cousin he fight and he's cousin he hit him so and she asked him who for is his cousin hit him and why for is he fighting mit he's cousin anyway the day brought his crying so I seen dot and then she go by other kitchen and bring that and rush him his head and I clocked around it so nice and there day is talking and he tell her he done it what did he tell her he had done oh he say he kill him his cousin dot that I told you he done it how did he say he killed him the silence in the courtroom was painful in its intensity the elder leaned forward and listened with contorted face and the prisoner held his breath a pallor over spread his face and his hands were clenched oh he say he push him in dear river offer don't he do it all right for he like it to do it but he say he go and run they for dot you mean to say that he said he intended to push him over but he try to do it oh yes he say he like to push him offer and he like to do dot but he sorry any way he done it and he run in they for dot tell the court what happened then then she get him some things to eat and they sit there and they talk and they cry plenty and she is feel pretty bad and he is feel pretty bad too and so he go out and shut dot door and he walking down the path and she just come out the door and run to him and asked him there is he going and if he tell her some things there he go he tell her nothing yet and then she say maybe he is not kill him anyway but just thinking he kill him and he tell her yes he kill him all right he push him offer and he is dead already and so he kiss her some more and she is cry some more and I think he is cry too but dot is all he done it all right and he is gone often and she is gone in her house and I don't see no more as the witness ceased speaking Mr. Hibard turn to his council for the prisoner and said cross-examine rising in his place and advancing a few steps toward the witness the young lawyer began his cross-examination his task did not call for the easy non-cullants of his more experienced adversary who had the advantage of knowing in advance just what his witness would testify it was for him to lead a stubborn and unwilling witness through the mazes of a well-prepared story to unravel if possible some of its well-planned knots and convinced the jury if he could that the witness was not reliable and his testimony untrustworthy but this required a master in the art of cross-examination and a master begins the study of his subject the witness before the trial in subtle ways with which experience has made him familiar he studies his man his life, his character his habits, his strength, his weakness his voyables he divides when he will hesitate when he will stumble and he is ready to pounce upon him and force his hesitation into an attempt at concealment his stumble into a form it is now discredited to Nathan Goodbody that he lacked the skill and cunning of an astute cross-examiner unlike poets, they are made not born and he find the sweet to be a difficult witness to handle to his purpose as he was a little more and to get him to reaffirm the damaging testimony he had already given being thus baffled he determined to bring in here a point which he had been reserving to use later should Milton Hibard decide to take up the question of Peter Jr's lameness as this did not seem to be imminent and the testimony of Nelson had been so convincing he wished of all things the calling of the next witness until he could gain time and carry the jury with him should Betty Ballard be called to the stand that day he felt his cause would be lost therefore in the moment's pause following the close of his cross-examination of the last witness he turned and addressed the court may it please the court knowing that there is but one more witness to be called and that the testimony of that witness can bring forward no new light on this matter I have excellent reason to desire at this time to move the court to bring in the verdict of not guilty at these words the eyes of everyone in the courtroom were turned upon the speaker and the silence was such that his next words though uttered in a low voice were distinctly heard by all present this motion is based upon the fact that the state has failed to prove the courteous delicty upon the law which is clear that without such proof there can be no conviction of the crime of murder if the testimony of the witness now is Nelson can be accepted as the admission of the man Richard Caudine until the state can prove the courteous delicty no proof can be brought that it is the admission of the prisoner at the bar I say that until such proof can be brought by the state no further testimony can convict the prisoner at the bar if it please the court the authorities are clear that the fact that a murder has been committed cannot be established by proof of the admissions even of the prisoner himself that he has committed the crime there must be direct proof of death as by finding and identification of the body of the one supposed to be murdered I have some authorities here which I would like to read to your honour if you will hear them the face of the judge during the statement of the prisoner's counsel was full of serious interest he leaned forward with his elbow on the desk before him and with his hand held behind his ear intent to catch every word as counsel closed the judge glanced at the clock hanging on the wall and said it is about time to close you may pass up your authorities and I will take occasion to examine them before the court opens in the morning if counsel on the other side have any authorities I will be pleased to have them also End of Chapter 36 Recording by Elaine Webb Bristol, England I have given such thought as I have been able to the question raised by counsel last evening and have examined authorities cited by him and others bearing upon the question and have reached the conclusion that this motion must be overruled if counsel on the other side has any authorities I have given such thought as I have been able to the question raised by counsel last evening to be overruled it is true that a conviction for murder cannot rest alone upon the extra judicial admission of the accused and in the present case I must remind the court and the jury that thus far the identity of the prisoner has not been established and it is not determined whether or not he is the man whom the witness Nelson heard made the admission it is true there must be distinct proof sufficient to satisfy the jury beyond a reasonable doubt the homicide has been committed by someone before the admission of the accused that he did the act can be considered but I think that fact can be established by circumstantial evidence as well as any other fact in the case and I shall so charge the jury I will give you an exception Mr. Nathan Goodbody you may go on with your defense after the hearing of the next witness which is now in order the decision of the court was both a great surprise and a disappointment to the defendant's young counsel considering the fact that the body of the man supposed to have been murdered had never been found and that his death had been assumed from his sudden disappearance and the finding of his personal articles scattered on the river bluff together with the broken edge of the bluff and the traces of some object having been thrown down the precipice at that point and the fact that the state was relying upon the testimony of the eavesdropping swede to prove confession by the prisoner he still had not been prepared for the testimony of this witness that he had heard the accused say that he had killed his cousin and that it had been his intention to kill him he was dismayed but he had not entirely lost his confidence in his legal defense even now that the judge had ruled against him there was still the supreme court he quickly determined that he would shift his attack from the court where he had been for the time repulsed and endeavored to convince the jury that the fact that Peter Jr. was really dead had not been proven beyond a reasonable doubt applying to the court for a short recess to give him time to consult with his client he used the time so given in going over with the prisoner the situation in which the failure of his legal defense had left them he had hoped to arrest the trial on the point he had made so as to eliminate entirely the hearing of further testimony that of Betty Ballard and also to avoid the necessity of having his client sworn which last was inevitable if Betty's testimony was taken he had never been able to rid himself of the impression left upon his mind when he first heard the story from his client's lips that there was in it an element of coincidence too like dramatic fiction or that if taken ideally it was above the average juryman's head he admonished the prisoner that when he should be called upon for his testimony he must make as little as possible of the fact of their each being scarred on the hip and scarred on the head the two cousins dramatically marked alike and that he must in no way allude to his having seen Betty Ballard in the prison alone that was a horrible mistake you must cut it out of your testimony unless they force it avoid it and you must make the jury see that your return was a matter of well conscience and so forth I must tell the truth that is all I can do said the prisoner wearily the judge is looking this way shall we Nathan Goodbody rose quickly if the court please we are ready to proceed then at last Betty Ballard was called to the witness stand the hour had come for which all the village had waited and the fame of the trial had spread beyond the village and all who had known the boys in their childhood and in their young manhood those who had been their companions and arms men from their own regiment were there the matter had been discussed among them more or less heatedly and now the courtroom could not hold the crowds that thronged its doors at this time unknown to any of the actors in the drama three strangers having made their way through the crowd were allowed to enter and stood in the far corner of the courtroom unnoticed by the throng intently watching and listening they had arrived from the opposite sides of the earth and had met in the village hotel Larry had spied the younger man first and scarcely knowing what he was doing or why he wanted to see him and spoke involuntarily holding out his hand to him tell me who you are he said Air Richard could surmise what was happening my name is killed Dean said Richard frankly have you any reason for wishing to know me for the moment he thought his interlocutor having but that moment arrived and knowing nothing of the trial which was going on he could think only of his reason for his return to Lovett and was glad to make an end of incognito and sorrowful endurance and wearsome suspense and he did not hesitate not try any art of concealment he looked directly until Larry's eyes almost defiantly for an instant then seeing in that rugged face a kindly glint of the eye and a quiver of the mouth his heart lightened and he grasped eagerly the hand held out to him perhaps you will tell me who you are I suppose I ought to know but I've been away from here a long time then the older man's hand fell a trembling in his and did not release him but rather clung to him as if he had had a shock come over here and sit beside me a moment young man I'm not feeling as strong as I look I have a thing to tell you sit down sit down we are alone yes everyone's gone to the trial in the west myself to attend it the trial what trial you've heard nothing of it I was thinking maybe you were also were drawn here but you've just come I've been here long enough to engage your room which I shan't want long no I've come for no trial exactly but it might come to that what have you to tell me the one who killed Dean sat silent for a time before replying an eager joy had seized him and a strange reticence held his tongue tied a fear of making himself known to his son whom he had never seen since he had held him in his arms a weak wailing infant thinking only lost this dignified stalwart young man so pleasant to look upon no wonder the joy of his heart was a terrible joy a hungering longing joy akin to pain how should he make himself known in what words a thousand thoughts crowded upon him from Betty's letter he knew something of the contention now going on in the courtroom and from the landlord last evening he had heard more and he was impatient to get to the trial now this encounter with his own son the only one who could set all right and who yet did not know of the happenings which so imperatively required his presence in the courtroom set Larry killed Dean's thoughts stammering and tripping over each other in such a confusion of haste and with it all the shyness before the great fact of his unconfessed fatherhood so overwhelmed him that for once his facile Irish nature did not help him he was at a loss for words strangely abashed before this gentle voiced frank faced altogether likable son of his he so temporized and beat about the bush and did not touch first on that which was nearest his heart yes yes I have a thing to tell you you came here to be at a a trial did you say or intimate it might be if if you'll tell me a bit more I maybe can help you for I've seen a good bit of the world it's a strange trial going on here now I've come to hear tell me something about it said Richard humoring the older man's deliberation in arriving at his point it's little I know yet I've come to learn for I'm interested in the young man trying to convict sort of a relative of mine I wish to see fair play why are you here have you done anything what have you done the young man moved restlessly he was confused by the suddenness of the question which Larry's manner deprived of any suggestion of rudeness did I intimate I had done anything he laughed come to make a statement to the proper ones when I find them I'll go over now and hear a bit of this trial since you mention it he spoke sadly and weirdly but he felt no resentment at the older man's inquisitiveness Larry's face expressed too much kindness to make resentment possible but Richard was ill at ease to be talking thus intimately with a stranger who had glanced upon him he rose to leave don't don't go don't go wait a bit God man wait I have a thing to tell you Larry leaned forward and his face worked and tears glistened in his eyes as he looked keenly up into his son's face you're a beautiful lad a man I'm you're strong and fine I'm ashamed to tell it to you ashamed I've never looked on you since then until now I should have given all up and found you forgive me boy I am your father your father your father he rose and stood looking levelly in his son's eyes holding out both shaking hands Richard took them in his and held them but could not speak the constraint of witnesses was not upon them for they were quite alone in the piazza but the emotion of each of them was beyond words Richard swallowed and waited and then with no word they both sat down and drew their chairs closer together the simple act helped them I've been nigh on a lifetime longing for you lad and I for you father that's the name I've been hungering to hear and I to speak still they looked in each other's eyes and we have a great deal to tell each other I'm almost sorry that that I found you at last for to do my duty will be harder now I had no one to care particularly before unless unless alas maybe one I've been loving and true to but long ago given up we won't speak of her we'll have to talk a great deal and there's so little time I must must give myself up father to the law couldn't you put it off a bit lad Larry could not have told why he kept silent so long in regard to the truth of the trial it might have been a vague liking to watch the workings of his son's real self and a desire to test him to the full for a hint dropped in Betty's letter he guessed shrewdly at the truth of the situation he knew now that Richard and his young friend of the mountaintop were actuated by the same motives and he understood at last why Harry King would never accept his offer of help nor would ever call him father because he could not take the place of the son of whom as he thought he had robbed the man who so freely offered him friendship at last Larry understood why Peter Junior had never yielded to his advances it was honor and the test had been severe put it off a little I might I'm tempted just to get acquainted with my father but I might be arrested and I would prefer not to be I know I've been wanted for three years and over it has taken me that long to learn that only the truth can make a man free and now I would rather give myself up than to be taken I'm knowing maybe more of the matter than you think so we'll drop it we must have a long talk later but tell me now in a few words what you can then drawn by gentle magnetic sympathy Richard unlocked his heart and told all of his life that could be crowded in those few short minutes of his boyhoods longing for a father of his own of his young manhoods love of his flight and a little of his later life we'd be great chums now father if it weren't for this that hangs over me then Leary could stand it no longer he sprang up and clapped Richard on the shoulder come lad come we'll go to this trial together do you know who's being tried no they'll have to get this off before they can take another on I'm thinking you'll find your case none so bad as it seems to you now first there's a thing I must do my brother-in-law's in trouble but it is his own fault I'm still a mind to help him out he's a fine hater that brother-in-law of mine but he's tried to do a father's part in the past by you and done it well while I've been soured in the gladness of my heart I'll help him out I'd made up my mind to do it before I left my mountain your father's a rich man boy with money in store for you I say it modestly but he who has reared you has been my enemy now I'm going to his bank and there I'll make a deposit that will save it from ruin he stood a moment chuckling with both hands thrust deep in his pockets we'll go to that trial it's over an affair of his and he's fair in the wrong we'll go and watch his discomfiture and we'll see him writhe we'll see him carry things his own way the only way he can ever see and then we'll watch him man we'll watch him oh my boy my boy I doubt it's wrong for me to exalt over his chagrin but that's what I'm going for now it was the other way before I met you the ending of you has given me a light heart and I'll watch that brother-in-law set down with right goodwill he told Richard about Amalia and asked him to wait until he fetched her as he wished her to accompany them but still he said nothing to him about his cousin Peter he found Amalia descending the long flight of stairs dressed to go out and knew she had been waiting for him the last half hour now he led her into the little parlor while Richard paced up and down the piazza and there or she could see him as he passed the window to unfro Larry told her what had come to him and even found time to moralize over it in his gladness that's it a man makes up his mind to do what's right all consequences or his prejudices or what not and from that moment all begins to grow clear and he sees right and things come right now look at the man he's a fine lad no? they're both fine lads but this one's mine look at him I say things are to come right for him and all through his making up his mind to come back here and stand to his guns the same way with Harry King I've told you the contention and at last you know who he is but mind you no word yet to my son I'll tell him as we walk along I'm going to stop at the bank first and if we tell him too soon he'll be forgoing to the courthouse straight the landlord tells me there's danger of a run on the bank tomorrow and the only reason it hasn't come today is that the bank's been closed all morning for the trial I'm thinking that was policy for whoever heard of a bank's closing in the morning for a trial or anything short of a death or a holiday but if it is now closed why do we wait to go there? it is to do nothing we make delay said Amalia anxiously I'll tell you said Amalia anxiously I told Decker to send word to the cashier to be there as a deposit is to be made if he can't be there for that then it's his own fault if tomorrow finds him unprepared Larry stepped out to meet Richard and introduced Amalia he had already told Richard a little of her history and now he gave her her own name Manavska after a few moments conversation she asked Larry I may keep now my own name it is quite safe is not they are gone now those for whom I feared wait a little said Richard wait until you have been down in the world long enough to be sure it is a hard thing to live under suspicion and until you have means of knowing the other will be safer you think so then is best yes sir killed Dean how it is beautiful to see your son does so very much resemble our friend they arrived at the bank and Larry entered while Richard and Amalia strolled on together we had a friend Harry King she paused and would have corrected herself but then continued he was very much like to you but he is here in trouble and it is for that for which we have come here sir killed Dean is so long in that bank I would go in haste to that place whereas our friend shall we turn and walk again a little toward the bank so we will the sooner encounter him on the way they returned Harry coming out stepping briskly he too was eager to be at the courthouse he took his son's arm and rapidly and earnestly told him the situation as he had just heard it from the cashier he told him that which he had been keeping back and impressed on him the truth that unless he had returned when he did the talk in the town was likely to go against the prisoner Richard would have broken into a run in his excitement but Larry held him back hold back a little boy let us keep pace with you there's really no hurry only that impulse that sent you home it was as if you were called from all I can learn it is my reprieve I am free to suffer too does he know yet that I too live does he know perhaps not yet but listen to me don't be too hasty in showing yourself if they did not know him they won't know you for you are enough different for them never to suspect you now that they have or think they have the man for whom they have been searching see here man hold back from my sea that man that brother-in-law of mine has walked for years over my heart and I've done nothing he has despised me and without reason because I presumed to love your mother lad against his arrogant will he he would I will see him down in the dust of repentance I will see him willfully convict his own son he who has been hungering to see you, my son sent to a prison for life or hanged Richard listened lingering as Larry wished appalled at this revelation until they arrived at the edge of the crowd around the door eagerly trying to wedge themselves in wherever the chance offered oh circled Dean we're here now what to do how can we go in there said Amalia Larry moved them aside slowly pushing Amalia between Richard and himself and intimating to those nearest him that they were required within until a passage was gradually made for the three and thus they reached the door and so gained admittance that was how they came to be there crowded in a corner all during the testimony of Betty Ballard unheeded by those around them mere units in the throng trying to hear the evidence and see the principles in the drama being read before them end of chapter thirty-seven recording by Sandra Estenson chapter number thirty-eight of the Eye of Dread this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Sandra Estenson the Eye of Dread by Payne Erskine chapter thirty-eight Betty Ballard's testimony Betty Ballard stood her slight figure drawn up poised erect her head thrown back and her eyes fixed on the elder's face the silence of the great audience was so intense that the buzzing of flies circling around and around near the ceiling Richard while the people all leaned forward as with one emotion their eyes on the principles before them straining to hear vivid intent Richard saw only Betty heeding no one but her feeling her presence for a moment he stood pale as death then the red blood mounted from his heart staining his neck and his face with its deep tide and throbbing in his temples the elder felt her scrutiny and looked back at her and his brows contracted into a frown of severity Miss Ballard said the lawyer you are called upon to identify the prisoner in the box she lifted her eyes to the judge's face then turned them upon Milton Hibbard then fixed them upon the elder but did not open her lips she did not seem to be aware that every eye in the courtroom was fastened upon her pale and grave and silent she stood thus for to her the struggle was only between herself and the elder Miss Ballard you are called upon to identify the prisoner in the box can you do so asked the lawyer again patiently again she turned her clear eyes on the judge's face yes I can then looking into the elder's eyes she said he is your son elder Craig Mile he is Peter you know him, look at him he is Peter Junior her voice rang clear and strong and she pointed to the prisoner with a steady hand look at him elder Craig Mile he is your son you will address the jury and the court Miss Ballard and give your reasons for this assertion how do you know he is Peter Craig Mile Junior then she turned toward the jury and holding out both hands in sudden pleading action cried out earnestly I know him he is Peter Junior can't you see he is Peter the elder's son but how do you know him because it is he the way we always know people by just knowing them he is Peter Junior have you seen the prisoner before since his return to Lovett yes I went to the jail and I saw him and I knew him but give a reason for your knowledge how did you know him by by the look in his eyes, by his hands ah I just knew him in a moment I knew him Miss Ballard we have positive proof that Peter Junior was murdered and from the lips of his murderer the witness just dismissed says he heard Richard Kildeen tell you he pushed his cousin Peter Junior over the bluff into the river can you deny this statement Richard Oath can you deny it no but I don't have to deny it for you can see for yourselves that Peter Junior is alive he is not dead he is here did Richard Kildeen ever tell you he pushed his cousin over the bluff into the river a simple answer is required yes or no she stood for a moment yes when did he tell you this when he came to me just after he thought he had done it but he was mistaken he did not he only thought he had done it did he tell you why he thought he had done it tell the court about it then Betty lifted her head and spoke rapidly eagerly because he was very angry with Peter and he wanted to kill him he did try to push him over but Peter struck him and Richard didn't truly know whether he really pushed him over or not for he lay there a long time even before he knew where he was and when he came to himself again he could not find Peter there and only his hat and belongings he thought he must have done it because that was what he was trying to do just as everybody else has thought it because when Peter saw him lying there he thought he had killed Richard and so he pushed a great stone over to make everyone think he had gone over the bluff and was dead too and he left his hat there and the other things and now he has come back to give himself up just as he has said because he could not stand it to live any longer with the thought on his conscience that he had killed Richard when he struck him but you would not let him give himself up you have kept on insisting he is Richard and it is all your fault Elder Craig, Myle because you won't look to see that he is your son she paused panting, flushed and indignant Miss Ballard you are here as a witness said the judge you must restrain yourself and answer the questions that are asked you and make no comments here the elder leaned forward and touched his attorney and pointed a shaking hand at the prisoner and said a few words where at the lawyer turned sharply upon the witness Miss Ballard you have visited the prisoner since he has been in jail yes, I said so your honor, said the examiner we all know that the son of the plaintiff was lame but this young man is sound on both his feet you have been told that Richard Kildeen was struck on the head and this young man bears a scar above his temple Richard started forward putting his hand to his head and lifting his hair as he did so he tried to call out but in his excitement his voice died in his throat and Larry seized him and held him back watch your uncle he whispered in his ear he thinks he has you there in the box and he wants you to get the worst the law will give you watch him the girl understands him see her eyes upon him stand still boy give him a chance to have his will he'll find it bitter when he learns the truth and will do him good wait, man you'll have it all in your hands later and there'll be none for the worse for waiting a bit longer hold on for my sake, son I'll tell you why later and you'll not be sorry you gave heed to me in these short ejaculated sentences with his arm through Richard's Larry managed to keep him by his side as the examiner talked on your honor this young lady admits that she has visited the prisoner in jail and can give adequate reasons for her assertion that he is the man he claims to be she tells us what occurred in that fight on the bluff things that she was not there to see things she could only learn from the prisoner is there not reason to believe that her evidence has been arranged between them yes, he told me and he came here to give himself up but why won't you let him give himself up Miss Ballard said the judge again you will remember that you are to speak only in reply to questions put to you Mr. Hibbard continue the examination Miss Ballard you admit that you saw Richard kill Dean after he fought with his cousin yes was his head wounded yes what did you do I washed his head and bound it up it was all bleeding very well then you can say on your sacred oath that Richard killed Dean was living and not murdered yes did you see Peter Jr. after they fought no if I had seen him I could have told everybody they were both alive and there would have been no look at the prisoner can you tell the jury where the cut on Richard killed Dean's head was yes I can when I stood in front of him to bind it up it was under my right hand from this point the examiner began to touch upon things Betty would gladly have concealed in her own heart concerning her engagement to Peter Jr. and her secret understanding with his cousin and whether she loved the one or the other and what characteristics in them caused her to prefer the one over the other and why she had never confided her preferences to any of her relatives or friends still with head erect Betty flung back her answers Bertrand listened and writhed the prisoner sat with bowed head to him she seemed a veritable saint he knew how she suffered in this public revelation of herself of her innocent struggle between love and loyalty and maiden modesty and that the desire to protect him and help him was giving her strength he saw how valiantly she has been guarding her terrible secret from all the world while he had been fleeing and hiding ah, if he had only been courageous if he had not fled nor tried to cover his flight with proofs of his death if he had but stood to his guns like a soldier he covered his face in shame as for Richard he gloried in her he felt his heart swell in triumph as he listened he heard Amalia Manavska murmur ah, how she is very beautiful no wonder it is that they both loved her while he was filled with admiration for her yet his heart ached for her and with anger and reproach against himself he saw no one but her and he wanted to end it all and carry her away but still yielded to his father's earnest plea that he should wait he understood and would restrain himself until Larry was satisfied and the trial ended still the examination went on Miss Ballard you admit that Peter Junior was lame when you last saw him and you observe that the prisoner has no lameness and you admit that you bound up a wound which had been inflicted on the head of Richard Kildeen and here you see a scar upon the prisoner can you still on your sacred oath declare this man to be the son of the native? yes she looked earnestly at the prisoner it is not the same head and it is not the same scar again she extended her hands toward the jury pleadingly and then toward the prisoner it is not by people's legs we know them nor their scars by themselves by their souls I know you Peter I know you with the first petulance Milton Hibbard had shown during the trial he now turned to the prisoner's council and said take the witness no cross examination asked Nathan Good Boy with a smile no then Betty flung one look back at the elder and fled to her mother and hid her flushed face on Mary Ballard's bosom now for the first time Richard could take an interest in the trial merely for his own and Peter Junior's sake he saw Nathan Goodbody lean over and say a few words hurriedly to the prisoner then rise his hand as if to make a special request if the court please the accused desires permission to tell his own story may he be sworn on his own behalf permission being given the prisoner rose and walked to the witness chair and having been sworn by the clerk to tell the truth the whole truth and nothing but the truth of his treatment standing there watching him and listening Richard felt his heart throb with the old friendship for his comrade of his childhood his youth and his young manhood in school in college and at last tramping side by side on long marches camping together sleeping side by side through many a night giving them death or wounds victory or imprisonment sharing the same emotions even until the first great passion of their lives cut them asunder brought up without father or mother this friendship had meant more to Richard than to most men as he heard his cousins plea he was only held from hurrying forward with extended arms by Larry's whispered words it's fine son let him have his say out don't stop him watch how it works on the old man yonder for Peter Junior was telling of his childhood among the people of Lovett speaking in a low clear voice which carried to all parts of the room your honor and gentlemen of the jury because I have no witness to attest to the truth of my claim I'm forced to make this plea simply that you may believe me that the accusation which my father through his lawyer brings against me could never be possible you who knew my cousin Richard Kildeen how honorable his life and his nature I know how impossible to him would be the crime of which I in his name am accused I could not make this claim were I any other than I am the son of the man who does not recognize his son gentlemen of the jury you all knew us as boys together how we loved each other and shared our pleasures like brothers or more than brothers for we quarreled less than brothers often do during all the deep friendship of our lives only once were we angry with each other only once and then blinded by a great passion and swept beyond all knowledge of our acts like men drunken we fought we struggled against each other our friendship was turned to hatred we tried I think my cousin was trying to throw me over the brink of the bluff at least he was near to doing it I do not make the plea of self-defense for I was not acting in self-defense I was lame as you have heard and not so strong as he could not stand against his greater strength but in my arms and hands I had power and I struck him with my cane with all my force I struck him and he fell wounded and I saw the blood gush from the wound I had made in his temple with the stick I carried that day with my hand and I saw the blood gush your honor and gentlemen of the jury it was my intent to kill him I I saw him lying at my feet and thought I had done so here Peter Junior bowed his head and covered his face with his hands and a breathless and rained in the courtroom until he lifted his head and began again it is now three years and more and during all the time that has passed I have seen him lying so white dead and red with his own blood that I had shed you asked me why I have at last returned and I reply because I no longer bear that sight it is the curse of cane that hangs over a murderer's soul and follows wherever he goes I tell you the form of my dead friend went with me always sleeping he lay beside me waking he lay at my feet when I looked into the shadows he was there and when I worked in the mine and swung my pick against the walls of rock it seemed that I still struck my friend well may my father refuse to own me as his son me a murderer but one thing can I yet do to expiate my deed I can free my cousin's name from all blame and if I were to hang for my deed gladly I would walk over coals to the gallows rather than that such a crime should be laid at his door as that he tried to return here and creep into my place after throwing me over the bluff into those terrible waters do with me what you will gentlemen of the jury but free his name I understand that my cousin's body was never found laying there as I had left it when I fled in cowardice when I tried to make all the world think me also dead and left him lying there when I pushed the great stone out of its place down where I had so nearly gone and left my hat lying as it had fallen and threw the articles from my pocket over after the stone I had sent crashing down into the river since the testimony here given proves that I was mistaken in my belief that I had killed him may God be thanked I am free from the guilt of that deed until he returns or until he is found and is known to be living do with me what you will I came to you to surrender myself and make this confession before you and as I stand here in your presence and before my maker I declare to you that what I have said is the truth as he ceased speaking he looked steadily at the elders averted face then sat down regarding no one else he felt he had failed and he sat with head bowed in shame and sorrow a low murmur rose and swept through the courtroom the sound of wind before a storm and the elder leaned toward his lawyer and spoke in low tones lifting a shaking finger then dropped his hand and shifted slightly in his chair as he did so Milton hibbard arose and began his cross-examination the simplicity of Peter Junior's story and the ingenious manner called for a different cross-examination from that which would have been adopted if this same council had been called upon to cross-examine the sweet he made no effort to entangle the witness but he led himself instead to repeat that part of the testimony in which he had told of the motive which induced him to return and give himself up to justice in doing so his questions the tone of his voice and his manner were marked with incredulity it was as if he were saying to the jury just listen to this impossible story while I take him over it again did you ever hear anything like it when he had gone in this direction as far as he thought discreet he asked abruptly I understand that you admit that you intended to kill your cousin and supposed you had killed him yes I admit it and then you ran away to escape the consequences yes is it your observation that acknowledged murderers are usually possessed of the lofty motives and high sense of justice which you claimed have actuated you I without waiting for the witness to reply the lawyer turned and looked at the jury with a sneer and said that's all we have no other witnesses the defense rests I have proposed some requests for your charge to the jury which I will hand up and the judge said counsel may address the jury during a slight pause which now ensued Larry Kildeen tore a bit of blank paper from a letter and wrote upon it Richard Kildeen is in this room and will come forward when called upon this he folded and sent by a boy to Nathan Goodbody End of Chapter 38 Recording by Sandra Estenson