But the boy, once started, was not so easily repressed. "Why, it
was his lordship," he went on, scanning the judge still harder. "I
do mind his vurry voice. It was 'im, no doubt about it. I've zeed
a zight o' people, since I zeed 'im that day, but I do mind his
voice, and I do mind his 'ands, and I do mind his ve-ace the zame
as if it wur yesterday. Now I come to look, blessed if it wasn't
his lordship!"
Guy's counsel smiled a triumphant smile. He had carried his point.
He had confused the witness. This showed how little reliance could
be placed upon the boy's evidence as to personal identity! He'd
identify anybody who happened to be suggested to him! But Sir
Gilbert's face grew yet more deadly pale. For he saw at a glance
this was no accident or mistake; the boy really remembered him!
And Elma's steadfast eyes looked him through and through, with that
irresistible appeal, still more earnestly than ever.
Sir Gilbert breathed again. He had been recognised to no purpose.
Even this positive identification fell flat upon everybody.
At last the examination and cross-examination were finished, and
Guy's counsel began his hopeless task of unravelling this tangled
mass of suggestion and coincidence. He had no witnesses to call;
the very nature of the case precluded that. All he could do was
to cavil over details, to point out possible alternatives, to lay
stress upon the absence of direct evidence, and to ask that the jury
should give the prisoner the benefit of the doubt, if any doubt at
all existed in their minds as to his guilt or innocence. Counsel
had meant when he first undertook the case to lay great stress also
on the presumed absence of motive; but, after the fatal accident
which resulted in the disclosure of Montague Nevitt's pocket-book,
any argument on that score would have been worse than useless.
Counsel elected rather to pass the episode by in discreet silence,
and to risk everything on the uncertainty of the actual encounter.
At last he sat down, wiping his brow in despair, after what he felt
himself to be a most feeble performance.
Then Sir Gilbert began, and in a very tremulous and failing voice
summed briefly up the whole of the evidence.
Public-domain text, read in full here on John Shaqi.
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