With an expression of relief, Miss Dounay left the stand, still without
once having directed her gaze at the accused, although he continued from
time to time to regard her fixedly with a curious, doubtful look.
"Miss Julie Moncrief," announced the prosecutor.
Red-eyed and frightened, the French maid took the stand. In a trembling
voice, and with at least one appealing glance at the minister, who
appeared to regard her more sympathetically than her own mistress, the
little woman gave her testimony. It told of finding the defendant alone
in this room where the guests had been inspecting the models for the
London production of the play. He was not near the table upon which the
models were displayed, but standing by the chiffonier, with his arm
absently thrown across the corner of it, and the hand within a few
inches of the small drawer in which the diamonds reposed temporarily.
"What part of his body was toward the chiffonier?" asked the prosecutor.
"His back and side."
"Where was he looking?"
"Out toward the room to which the guests had withdrawn."
"As if watching for an opportunity of some sort?" suggested Searle.
Hampstead started, and his eyes kindled, but he did not speak. The
Court, however, did.
"In view of the fact," interposed his Honor, "that Doctor Hampstead is
unrepresented by counsel and taking no advantage of a technical defense,
I will remind you, Mr. Searle, that your last question calls for a
conclusion of the witness. She may testify where he was looking, but
she cannot tell what she thinks his actions implied."
"Of course, your Honor, that is right," confessed Searle quickly. "The
witness is somewhat hesitant and embarrassed, and the form of my
question was inadvertent. Under the circumstances," he added suavely, "I
am being especially careful not to take advantage of the defendant."
"That must be apparent to all, Mr. Searle," the judge palavered in
return.
"Where was he looking?" queried Searle.
Having been properly coached by the attorney’s question and his reply to
the judge, the half frightened girl faltered:
"He was looking out, _as if watching for an opportunity_."
Color mounted to the cheeks of the judge. Searle looked properly
surprised. The defendant smiled cynically.
"Strike out that portion of the answer which involves the conclusion as
to why he was looking out," instructed the judge solemnly to the
reporter.
"Certainly," exclaimed Searle apologetically. None the less, he was
satisfied with his manoeuvre. He knew the effect of the little French
girl’s conclusion could not be stricken out of the mind of the judge who
had heard it expressed, nor out of the mind of the public before whom he
was in reality trying his case.
"State what further you observed," directed the attorney. "Did you see
him move, or anything?"
Public-domain text, read in full here on John Shaqi.
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