Immediately Mr. Orcutt, who up to the last moment had felt his case as
secure as if it had indeed been founded on a rock, bounded to his feet,
white as the witness herself.
"I object!" he cried. "The witness thus recalled by the counsel of the
prosecution has had ample opportunity to lay before the court all the
evidence in her possession. I submit it to the court whether my learned
opponent should not have exhausted his witness before he rested his
case."
"Mr. Ferris," asked the Judge, turning to the District Attorney, "do you
recall this witness for the purpose of introducing fresh testimony in
support of your case or merely to disprove the defence?"
"Your honor," was the District Attorney's reply, "I ought to say in
fairness to my adversary and to the court, that since the case was
closed a fact has come to my knowledge of so startling and conclusive a
nature that I feel bound to lay it before the jury. From this witness
alone can we hope to glean this fact; and as I had no information on
which to base a question concerning it in her former examination, I beg
the privilege of reopening my case to that extent."
"Then the evidence you desire to submit is not in rebuttal?" queried the
Judge.
"I do not like to say that," rejoined the District Attorney, adroitly.
"I think it may bear directly upon the question whether the prisoner
could catch the train at Monteith Quarry if he left the widow's house
after the murder. If the evidence I am about to offer be true, he
certainly could."
Thoroughly alarmed now and filled with the dismay which a mysterious
threat is always calculated to produce, Mr. Orcutt darted a wild look of
inquiry at Imogene, and finding her immovable behind her thick veil,
turned about and confronted the District Attorney with a most sarcastic
smile upon his blanched and trembling lips.
"Does my learned friend suppose the court will receive any such
ambiguous explanation as this? If the testimony sought from this witness
is by way of rebuttal, let him say so; but if it is not, let him be
frank enough to admit it, that I may in turn present my objections to
the introduction of any irrelevant evidence at this time."
"The testimony I propose to present through this witness _is_ in the way
of rebuttal," returned Mr Ferris, severely. "The argument advanced by
the defence, that the prisoner could not have left Mrs. Clemmens' house
at ten minutes before twelve and arrived at Monteith Quarry Station at
twenty minutes past one, is not a tenable one, and I purpose to prove it
by this witness."
Mr. Orcutt's look of anxiety changed to one of mingled amazement and
incredulity.
Public-domain text, read in full here on John Shaqi.
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