CHAPTER XL.

Te Aroha News, Volume II, Issue 66, 6 September 1884, Page 4

CHAPTER XL.

IN THE PRISON. The jury passing on the prisoner's life May in the sworn twelve have a thief or two Guiltier than him tlioy try. —MEASURE FOR MEASUKE, Such welcome and unwelcome things at once Tis hard to reconcile. —Macbeth, Mb Mansell sat in his cell, the prey oi gloomy and perturbed thought. He knew Mr Orcutt was dead ; he had been told oi it early in the morning by his gaoler, but oJ the circumstances which attended that death he knew nothing, save that the lawyer had been struck by a limb falling from a tree in his own garden. Th 6 few moments during which the court had met for the purpose of re-ad-journment had added but little to his enlightenment. A marked reserve had characterised the whole proceedings ; and though an indefinable instinct had told him that in some mysterious way his cause had been helped rather than injured by this calamity to his counsel, he found no one ready to volunteer those explanations which his great interest in the matter certainly demanded. The hour, therefore, which he spent in solitude upon his return to prison was one of great anxiety, and it was quite a welcome relief when the cell door opened and the keeper ushered in a strange gentleman. Supposing it to be the new counsel he had chosen at haphazard from a list oi names that had been offered him, Mr Mansell rose. But a second glanco assured him he had made a mistake in supposing this person to be a lawyer, and stepping back he awaited his approach with mingled curiosity and reserve. The stranger, who seemed to be perfectly at home in tho narrow quarters in which he found himself, advanced with a rank air. " My name is Gryce," said he, " and I am a detective. The District Attorney, who, as you know, has been placed in a very embarrassing situation by the events of the last two days, has accepted my services in connection with those of the two men already employed by him, in the hope that my greater experience may assist him in determining which of all the persons -who have been accused, or who have accused themselves, of murdering Mrs Clemmens, is the actual perpetrator of that deed. Do you require any further assurance of my being in the confidence of Mr Ferris than the fact that I am here, and in full liberty to talk with you ?" "No," returned the other, after a short but close study of his visitor. " Very well, then," continued the detective, with a comfortable air of ease, "I will speak to the point ; and the first thing I will my is, that upon looking at the evidence against you, and hearing what I have heard from various sources since I came to town, I know you are not the man who killed Mrs Clemmens. To be sure, you have declined to explain certain points, but I think you can explain them, and if you will only inform me " 11 Pardon me," interrupted Mr Mansell, gravely ; " but you say you are a detective, Now, I have no information to give a detective." 11 Are you sure ?" was the imperturbable query. " Quite," was the quick reply. "You are then determined upon going to the scaffold, whether or no ?" remarked Mr Gryce, somewhat grimly. " Yes, if to escape it I must confide in a detective." "Then you do wrong," declared the other; "aBl will immediately proceed to show you. Mr Mansell, you are, of course, aware of the manner of Mr Orcutt's death ?" " I know he was struck by a falling limb." "Do you know what he was doing when this occurred ?" "Nc." "He was escorting Miss Dare down to, the gate." '

The prisoner, whose countenance had brightened at the mention of his lawyer, turned a deadly white at this. "And— and was Miss Dare hurt?" he asked. The detective shook his head. 11 Then why do you tell me this?" 41 Because it has much to do with the occasion of my coming here, Mr Mansell," proceeded Mr Gryce, in that tone of completely understanding himself which he knew so well how to assume with men of the prisoner's stamp. "I am going to speak to you without circumlocution or disguise. lam going to put your position beiore you just as it is. You are on trial for a murder of which not only yourself, but another man, was suspected. Why are you on trial instead of him ? Because you were reticent in regard to certain matters which common-sense would say you ought to be able to explain. Why were you reticent ? There can be but ono answer. Because you feared to implicate another person, for whose happiness and honour you had more regard than for your own. Who was that other person ? The woman who stood up in court yesterday and declared she had herself committed this crime. What is the conclusion ? You believe, and have always believed, Miss Dare to be the assassin of Mrs Clemmens." The prisoner, whose pallor had increased with every word the detective uttered, leaped to his feet at this last sentence. "You have no right to say that!" ho vehemently asseverated. "What do, you know of my thoughts or my beliefs ? Do I carry my convictions on my sleeve ? I am not the man to betray my ideas or feelings to the world." Mr Gryce smiled. To be sure, this expression of silent complacency was directed to the grating of the window overhead, but it was none the less effectual on that account. Mr Mansell, despite his self command, began to look uneasy. " Prove your words !" he cried. "Show that these have been my convictions !" " Very well," returned Mr Gryce " Why were you so long silent about the ring ? Because you did not wish to compromise Miss Dare by declaring she did not return it to you, as she had said. Why did you try to stop her in the midst of her testimony yesterday ? Because you saw it was going to end in confession. Finally, why did you throw aside your defence, and instead of proclaiming yourself guilty, simply tell how you were able to reach Monteith Quarry Station in ninety minutes ? Because you feared her guilt would be confirmed il her statements were investigated, and were willing to sacrifice everything but the truth in order to save her." " You give me credit for a great deal oi generosity," coldly replied the prisoner. "After the evidence brought against me by the prosecution, I should think my guilt would bo accepted as proved the moment I showed that I had not left Mrs Clemmene's house at the time she was believed to be murdered." " And so it would," responded Mr Gryce, " if the prosecution had not seen reason te believe that the moment of Mrs Clemmens's death has been put too early. We noA\ think she was not struck till some time after twelve, instead of five minutes before." " Indeed !" said Mr Mansell, with stern self-control. Mr Gryce, whose carelessly roving eye told little of the close study with which he was honouring the man before him, nodded with grave decision. "You could add very much to our convictions on this point," he observed, "by telling what it was you saw or heard in Mrs Clemmens's house at the moment you fled from it so abruptly." "How do you know I fled from it abruptly?" " You were seen. The fact has not appeared in court, but a witness we might name perceived you flying from your aunt's door to the swamp as if your life depended upon the speed you made." " And with that fact added to all the rest you have against me, you say you believe me innocent ?" exclaimed Mr Mansell. " Yes ; for I have also said I believe Mrs Clemmens not to have been assaulted till after the hour of noon. You fled from the door at precisely five minutes before it." The uneasiness of Mr Mansell's face increased, till it amounted to agitation. "And may I ask," said he, "what has happened to make you believe she was not struck at the moment hitherto supposed "Ah, now," replied the detective, "we comedown to facts." And leaning with a confidential air toward the prisoner, he quietly said : " Your counsel has died, for one thing." Astonished as much by the tone as the tenor of these words, Mr Mansell drew back from his visitor in some distrust. Seeing it, Mr Gryce edged still farther forward and calmly continued : "If no one has told you the particulars of Mr Orcutt's death, you probably do not know why Miss Dare was at his house last evening ?" The look of the prisoner was sufficient reply. " She went there," resumed Mr Gryce, with composure, "to tell him that her whole evidence against you had been given under the belief that you wore guilty of the crime with which you had been charged ;that by a trick of my fellow detectives, Hickory and Byrd,shehad been deceived intothinking you had actually admitted your guilt to her ; and that she had only been undeceived alter she had uttered the perjury with which she sought to save you yesterday morning." "Perjury!" escaped involuntarily from Craik Mansell's lips. " Yes," repeated, the detective, '* perjury. Miss Dare lied when she said she had been to Mrs Clemmens's cottage on the morning of the murder. She was not there, nor did she lift her hand against the widow's life. That tale she told to escape telling another which she thought would insure your doom." " You have been talking to Miss Dare ?' suggested the prisoner, with subdued sarcasm. "I have been talking to my two men," was the unmoved retort, "to Hickory and Byrd, and they not only confirm this statement of hers in regard to the deception they played upon her, but say enough to show she could not have been guilty of the crime, because at that time she honestly believed you to be so." "I do not understand you," cried the prisoner, in a voice that, despite his marked self-control, showed the presence of genuine emotion. Mr Gryce at once went into particulars. He was anxious to have Craik Mansell's mind disabused of the notion that Imogene had committed this crime, since upon that notion he believed his unfortunate reticence to rest. He therefore gave him a full relation of the Bcene in the hut, together with all its consequences. Mr Mansell listened like a man in a dream. Some fact in the past evidently made this story incredible to him. I Seeing it, Mr Gryce did not wait to hear his comments, but upon finishing his account, exclaimed, with a confident air : "Such testimony is conclusive. It is impossible to consider Miss Dare guilty, after an insight of this kind into the real state of her mind. Even she has seen the usele&sness of persisting in her self-accusa-tion, and, as I nave already told you, went

to Mr Orcutt 1 s house in| order to explain to him her past conduct, and ask his advice for the future. She learned something else before her interview with Mr Orcutt ended," continued the detective impressively. " She learned that she had not only been mistaken in supposing you had admitted your guilt, but that you could not have been guilty, because you had always believed her to be so. It has been a mutual case of suspicion, you see, and argues innocence on the part of you both. Or so it seems to the prosecution. How does it seem to you ?" " Would it help my cause to say ?' "It would help your cause to tell what sent you so abruptly from Mrs Clemmens's house the morning she was murdered." "I do not see how," returned the prisoner. The glance of Mr Gryce settled confidentially on his right hand where it lay outspread upon his ample knee. "Mr Mansell," he inquired "have you no curiosity to know any details of the accident by which you have unexpectedly been deprived of a counsel ?" Evidently surprised at this sudden change of subject, Craik replied : " If I had not hoped you would understand my anxiety and presently relieve it, I coull not have shown you as much patience as I have." " Very well," rejoined Mr Gryce, altering his manner with a suddenness that evidently alarmed his listener. "Mr Orcutt did not die immediately after he was struck down. He lived some hours ; lived to say some words that have materially changed the suspicions of persons interested in the case he was defending." "Mr Orcutt?" The tone was oneoi surprise. Mr Gryce's little finger seemed to take note of it, for it tapped the leg beneath it in quite an emphatic manner as he continued : "It was in answer to a question put to him by Miss Dare. To the surprise of everyone, she had not left him from the moment they were mutually relieved from the weight of the fallen limb, but had stood over him for hours, watching for him to rouse from his insensibility. When he did, sho appealed to him in a way that showed she expected a reply, to tell her who it was that killed the Widow Clemmens." " And did Mr Orcutt know ?" was Mansell's half-agitated, half-incredulous query. " His answer seemed to show that he did. Mr Mansell have you ever had any doubts of Mr Orcutt ? "Doubts?" "Doubts as to his integrity, goodheartedness, or desire to serve you ?" " No." " You will, then, be greatly surprised," Mr Gryce went on, with increased gravity, "when I tell you that Mr Orcutt's reply to Miss Dare's question was such as to draw attention to himself as the assassin of Widow Clemmens, and that his words and the circumstances under m hich they were uttered have so impressed Mr Ferris, that tho question now agitating his mind is not, 'Is Craik Mansell innocent, but was his counsel, Trement Orcutt, guilty?' " The excited Jook which had appeared on the iace of Mansell at the beginning of this speech changed to one of strong disgust. " This is too much !" ho cried. "I am not a fool to be caught by any such makebelieve as this ! Mr Orcutt thought to be an assassin ? You might as well say that people accuse Judge Evans of killing the Widow Clemmens." Mr Gryce, who had perhaps stretched a point when he so unequivocally declared his complete confidence in the innocence of the man before him, tapped his leg quite affectionately at this burst of natural indignation, and counted off another point in favour of the prisoner. His words, however, were dry as sarcasm could make them. "No," said he, "for people know that Judge Evans was without the opportunity for committing this murder, while every one remembers how Mr Orcutt went to the widow's house and came out again with tidings of her death." The prisoner's lip curled disdainfully. " And do you expect me to believe you regard this as a groundwork for suspicion ? I should have given you credit for more penetration, sir. " Tien you do not think Mr Orcutt knew what he was saying when, in answer to Miss Dare's appeal for him to tell who the murderer was, he answered : ' Blood will have blood !' and drew attention to his own violent end ?" " Did Mr Orcutt say that ?" "He did." "Very well, a man whose whole mind has for some time been engrossed with defending another man accused of murder might say anything while in a state of delirium." MrGryce uttered hisfavourite "Humph !" and gave his leg another pat, but added, gravely enough : "Miss Dare believes his words to be those of confession." "You say Miss Dare once believed me to have confessed." "But," persisted the detective, "Miss Dare is not alono in her opinion. Men in whose judgment you must rely find it difficult to explain the words of Mr Orcutt by means of any other theory than that he is himself the perpetrator of that crime for which you are yourself being tried." " I find it difficult to believe that possible," quietly roturned the prisoner. "What!" he suddenly exclaimed ; "suspect a man of Mr Orcutt's abilities and standing of a hideous crime— the very crime too, with which his client is charged, and in defence of whom he has brought all his skill to bear ! The iiea is preposterous, unheard of !" "I acknowledge that," dryly assented Mr Gryce ; " but it has been my experience to find that it is the preposterous things which happen." For a minute the prisoner stared at the speaker incredulously ; then he cried : "You really appear to be in earnest." "I was never more so in my life," was Mr Gryce's rejoinder. Drawing back, Craik Mansell looked at the detective with an emotion that had almost the character of hope. Presently he said: %i lf you do distrust Mr Orcutt, you must have weightier reasons for it than any you have given me. What are they ? You must be willing I should know, or you would not have gone as far with me as you have." -i"You are right," Gryce assured him. "A case so complicated as this calls for unusual measures. Mr Ferris, feeling the gravity of his position, allows me to take you into our confidence, in the hope that you will be able to help us out of our difficulty." "I help you! You'd better release me first." " That will come in time." "i/Ihelp you?" " Whether you help or not, if we can satisfy ourselves and the world that Mr Orcutt's words were a confession. You may hasten that conviction." "How?" "By clearing up the mystery of your flight from Mrs Clemmens's house." The keen eyes of the prisoner fell j all his old distrust seemed on the point of returning. " That would not help you at all," said he.

" / should like to bo the judge," said Mr Gryce. The prisoner shook his head. " My word must go for it," said he. The detective had been the hero of too many such scenes to be easily discouraged. Bowing as if accepting this conclusion from the prisoner, he quietly proceeded with the recital he had planned. With a frankness certainly unusual to him, he gave the prisoner a full account of Mr Orcutt's last hours, and the interview which had followed between himself and Miss Dare. To this he added his own reasons for doubting the lawyer, and, while admitting he saw no motive for the deed, gave it as his serious opinion that the motive would be found if once he could get at the secret of Mr Orcutt's real connection with the deceased. He was so eloquent, and so manifestly in earnest, Mr Mansell's eye brightened in spite of himself, and when the detective ceased he looked up with an expression which convinced Mr Gryce that half the battle was won. He accordingly said, in a tone of great confidence : "A knowledge of what went on in Mrs Clemmens's house before he wentto it would be of great help to us. With that for a start, all may be learned. I therefore put it to you for the last time whether it would not be best for you to explain yourself on this point. lam sure you will not regret it." "Sir," said Mansell, with undisturbed composure, * ' if your purpose is to fix this crime on Mr Orcutt, I must insist upon your taking my word tkat I have no information to give you that can in any way affect him." " You could give us information, then, that would affect Miss Dare?" was the quick retort. "Now, I say," the astute detective declared, as the prisoner gave an almost imperceptible start, " that whatever your information is, Miss Dare is not guilty." "You say it!" exclaimed the prisoner. " What does your opinion amount to if you haven't heard the evidence against her ?" "There is no evidence against her but what is purely circumstantial." " How do you know that ?" "Because she is innocent. Circumstantial evidence may exist alike against the innocent and the guilty ; real evidence only against the guilty. I mean to say that as I am firmly convinced "Miss Dare once regarded you as guilty of this crime, I must be equally convinced she didn't commit it herself. This is unanswerable." " You have stated that before." " I know it ; but I want you to see the force of it ; because, once convinced with me that Miss Dare is innocent, you will be willing to tell all you know, even what apparently implicates her." Silence answered this remark. (To be Continued.)