Australia -- Gold discoveries -- Fiction; Ballarat (Vic.) -- Fiction
As she answered firmly yet modestly each question put to her by Mr.
England, the judge was observed to listen with close attention and the
jury to be unusually interested. Mr. England, scanning their faces with
practised readiness, saw in imagination their short retirement and a
unanimous verdict of 'not guilty' proceeding from the lips of the
foreman. Then, as he approached the critical period of the question
which had been so unlucky in its effects during the preliminary
examination, he felt as nearly nervous as a man of his proverbial
courage and varied experience could be. He was more than half disposed
to omit the question altogether; how he hated himself for having been
fool enough to put it in the first instance.
'I don't think I need trouble the witness with any other questions, your
Honour,' he said tentatively; but here Dayrell rose and evidently
prepared himself to interpose. With lightning quickness Mr. England
decided to put the question in his own form and fashion, rather than
leave it to the enemy.
'One minute, Miss Esther,' he said, as if the idea had just occurred to
him. 'I think you said that you were uncertain, or could not quite
recall, whether you had ever seen the accused Lance Trevanion before you
left the Eumeralla to come to Ballarat?'
This he said with a smilingly suggestive air which would have given the
cue to an ordinary witness less imbued with a sense of unfaltering right
than Tessie Lawless. But as the girl's clear brown eyes searched his
face with a troubled expression, he comprehended that there was no hope
of evasion, that he had got hold of one of those impracticable witnesses
who really do speak 'the whole truth, and nothing but the truth,' to the
consternation of lawyers and the disaster of defendants.
'I said that I _had_ seen him before, at the Eumeralla,' she said
simply, 'I can't swear anything else. I _did_ see him, and it was a bad
day for him--and--and for me too,' she added.
'Now think again, Miss Esther. Reflect that your answer to my question
is perhaps more important than any one you ever made in your life. How
can you account for Trevanion being so far from Ballarat? What business
had he there, and why should he leave Growlers' Gully, to which he came
from the ship, as I can prove?'
The girl looked again at the dock and those who stood therein--at Ned
Lawless, who lounged good-natured as ever, and smiling to all
appearance; at Lance, who stood erect, darkly frowning and with a fixed
stern expression, as of one who should never smile more.
'It will break my heart,' she said, 'but I must speak the truth while I
stand here. I _did_ see him on the Eumeralla, before we left home for
Ballarat, one day with Ned.'
'I must ask again whether there is any possibility of your being
mistaken in the identity of the accused?' persisted Mr. England. 'You
have heard doubtless of men being so wonderfully alike that strangers
could not in many cases discover the difference?'
Public-domain text, read in full here on John Shaqi.
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