"The question," continued Mr. Orcutt, "is not to elicit testimony in
rebuttal."
"Will my learned friend allow the witness to give her answer, instead of
assuming what it is to be?"
"I will not," retorted his adversary. "A child could see that such a
question is not admissible at this stage of the case."
"I am sure my learned friend would not wish me to associate _him_ with
any such type of inexperience?" suggested Mr. Ferris, grimly.
But the sarcasm, which at one time would have called forth a stinging
retort from Mr. Orcutt, passed unheeded. The great lawyer was fighting
for his life, for his heart's life, for the love and hand of Imogene--a
recompense which at this moment her own unconsidered action, or the
constraining power of a conscience of whose might he had already
received such heart-rending manifestation, seemed about to snatch from
his grasp forever. Turning to the Judge, he said:
"I will not delay the case by bandying words with my esteemed friend,
but appeal at once to the Court as to whether the whereabouts of Miss
Dare on that fatal morning can have any thing to do with the defence we
have proved."
"Your Honor," commenced the District Attorney, calmly following the lead
of his adversary, "I am ready to stake my reputation on the declaration
that this witness is in possession of a fact that overturns the whole
fabric of the defence. If the particular question I have made use of, in
my endeavor to elicit this fact, is displeasing to my friend, I will
venture upon another less ambiguous, if more direct and perhaps
leading." And turning again to the witness, Mr. Ferris calmly inquired:
"Did you or did you not see the prisoner on the morning of the assault,
at a time distinctly known by you to be after ten minutes to twelve?"
It was out. The line of attack meditated by Mr. Ferris was patent to
everybody. A murmur of surprise and interest swept through the
court-room, while Mr. Orcutt, who in spite of his vague fears was any
thing but prepared for a thrust of this vital nature, started and cast
short demanding looks from Imogene to Mansell, as if he would ask them
what fact this was which through ignorance or presumption they had
conspired to keep from him. The startled look which he surprised on the
stern face of the prisoner, showed him there was every thing to fear in
her reply, and bounding again to his feet, he was about to make some
further attempt to stave off the impending calamity, when the rich voice
of Imogene was heard saying:
"Gentlemen, if you will allow me to tell my story unhindered, I think I
shall soonest satisfy both the District Attorney and the counsel for the
prisoner."
And raising her eyes with a slow and heavy movement from the floor, she
fixed them in a meaning way upon the latter.
At once convinced that he had been unnecessarily alarmed, Mr. Orcutt
sank back into his seat, and Imogene slowly proceeded.
Public-domain text, read in full here on John Shaqi.
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