"He has told me the whole story, I think," said Arthur, two hours later,
when Maxwell returned and found his associate thoughtfully sitting
beside the window alone. "And I believe it. He is as innocent of this
crime as you or I. Of that I have always been confident. How far he is
accessory _after_ the fact--I know he is not accessory _before_--is
another question. But his story, that to me is perfectly convincing, I
am afraid won't do before a jury and the world generally. It involves
too much that is incredible, and damning to him secondarily if believed.
We must try something else. As far as I can see, really, it seems that
his own suggestion of a defence, as you told it to me, has more
significance in it than the absurdity you only saw. We must admit the
killing, and confine ourselves to showing excessive provocation. I know
something of the public sentiment here, and the sympathies of the
average jury, and if Gabriel should tell them the story he has just told
me, they would hang him at once! Unfortunately for him, the facts show a
complication of property interests and impostures on the part of his
wife, of which he is perfectly innocent, and which are not really the
motive of the murder, but which the jury would instantly accept as a
sufficient motive. We must fight, understand, this very story from the
outset; you will find it to be the theory of the prosecution; but if we
can keep him silent it cannot be proved except by him. The facts are
such that if he had really committed the murder he could have defied
prosecution, but through his very stupidity and blind anxiety to shield
his wife, he has absolutely fixed the guilt upon himself."
"Then you don't think that Mrs. Conroy is the culprit?" asked Maxwell.
"No," said Arthur; "she is capable, but not culpable. The real murderer
has never been suspected nor his presence known to One Horse Gulch. But
I must see him again, and Olly, and you must hunt up a Chinaman--one Ah
Fe--whom Gabriel tells me brought him the note, and who is singularly
enough missing, now that he is wanted."
"But you can't use a Chinaman's evidence before a jury?" interrupted
Maxwell.
"Not directly; but I can find Christian Caucasians who would be willing
to swear to the facts he supplied them with. I shall get at the facts in
a few days--and then, my dear fellow," continued Arthur, laying his hand
familiarly and patronisingly on the shoulder of his senior, "and then
you and I will go to work to see how we can get rid of them."
When Gabriel recounted the events of the day to Olly, and described his
interview with Poinsett, she became furiously indignant. "And did that
man mean to say he don't know whether Gracey is livin' or dead? And he
pertendin' to hev bin her bo?"
"In coorse," explained Gabriel; "ye disremember, Olly, that Gracey never
hez let on to _me_, her own brother, whar she ez, and she wouldn't be
going to tell a stranger. Thar's them personals as she never answered!"
Public-domain text, read in full here on John Shaqi.
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