Page:Scribner's Monthly, Volume 12 (May–October 1876).djvu/522

516 fumbled his papers, coughed, expanded his chest, rose, and began the cross-examination.

"You have said your name was—er—er—Johnny—er—er—" (the Colonel was here obliged to consult his papers)—"—er—John Dumbledee. What was your idea, Mr. Dumbledee, in—er—assuming the name of—er—er—Gabriel Conroy?"

Objected to by counsel for defense. Argument: First, motives, like beliefs, not admissible; case cited, Higginbottom vs. Smithers. Secondly, not called out on direct ex.; see Swinke vs. Swanke, opinion of Muggins, J., 2 Cal. Rep. Thirdly, witness not obliged to answer questions tending to self-crimination. Objection overruled by the Court. Precedent not cited; real motive, curiosity. Boompointer, J. Question repeated:—

" What was your idea or motive in assuming the name of Gabriel Conroy?"

Gabriel (cunningly and leaning confidentially over the arm of his chair): "Wot would be your idee of a motif?"

The witness, amidst much laughter, was here severely instructed by the Court that the asking of questions was not the function of a witness. The witness must answer.

Gabriel: "Well, Gabriel Conroy was a purty name—the name of a man ez I onst knew ez died in Starvation Camp. It kinder came easy, ez a sort o' interduckshun, don't ye see, Jedge, toe his sister Grace, ez was my wife. I kinder reckon, between you and me, ez thet name sorter helped the courtin' along—she bein' a shy critter, outer her own fammerly."

Question: "In your early acquaintance with the deceased, were you not known to him as Gabriel Conroy always, and not as—er—er—Johnny Dumbledee?"

Arthur Poinsett here begged to call the attention of the Court to the fact that it had not yet been shown that Gabriel—that is, Johnny Dumbledee—had ever had any early acquaintance with the deceased. The Court would not fail to observe that counsel on the direct examination had restricted themselves to a simple question—the name of the prisoner.

Objection sustained by Judge Boompointer, who was beginning to be anxious to get at the facts. Whereat Col. Starbottle excepted, had no more questions to ask, and Gabriel was commanded to stand aside.

Betting now five to one on Arthur Poinsett; Gabriel's hand, on leaving the witness box, shaken cordially by a number of hitherto disinterested people. Hurried consultation between defendant's counsel. A note handed to Col. Starbottle. Intense curiosity manifested by Manuela and Sal regarding a closely veiled female, who enters a moment later, and is conducted with an excess of courtesy to a seat by the gallant Colonel. General impatience of audience and jury.

The defense resumed. Michael O'Flaherty called: Nativity, County Kerry, Ireland. Business, miner. On the night of the murder, while going home from work, met deceased on Conroy's Hill, dodging in among the trees, fur all the wurreld like a thafe. A few minutes later overtook Gabriel Conroy half a mile further on, on the same road, going in same direction as witness, and walked with him to Lawyer Maxwell's office.

Cross-examined: Is naturalized. Always voted the dimmycratic ticket. Was always opposed to the Government—bad 'cess to it—in the old country, and isn't thet mane to go back on his principles here. Doesn't know that a Chinaman has affirmed to the same fact of Gabriel's alibi. Doesn't know what an alibi is ; thinks he would if he saw it. Believes a Chinaman is worse nor a nigger. Has noticed that Gabriel was left- handed.

Amadée Michet, sworn for defense: Nativity, France. Business, foreman of "La Parfaite Union." Frequently walks to himself in the beautiful grove on Conroy's Hill. Comes to him on the night of the 15th Gabriel Conroy departing from his house. It is then seven hours, possibly more, not less. The night is fine. This Gabriel salutes him, in the American fashion, and is gone. Eastward. Ever to the east. Watches M. Conroy because he wears a triste look, as if there were great sadness here (in the breast of the witness's blouse). Sees him vanish in the gulch. Returns to the hill and there overhears voices, a man's and a woman's. The woman's voice is that of Mme. Conroy. The man's voice is to him strange and not familiar. Will swear positively it was not Gabriel's. Remains on the hill about an hour. Did not see Gabriel again. Saw a man and woman leave the hill and pass by the Wingdam road as he was going home. To the best of his belief the woman was Mrs. Conroy. Do not know the man. Is positive it was not Gabriel Conroy. Why? Eh! Mon Dieu, is it possible that one should mistake a giant?

Cross-examined: Is a patriot—do not know what is this democrat you call. Is a hater of aristocrats. Do not know if the