Page:Scribner's Monthly, Volume 12 (May–October 1876).djvu/523

Rh deceased was an aristocrat. Was not enraged with Mme. Conroy. Never made love to her. Was not jilted by her. This is all what you call too theen, eh? Has noticed that the prisoner was left-handed.

Helling Ditmann: Nativity, Germany. Does not know the deceased; does know Gabriel. Met him the night of the 15th on the road from Wingdam; thinks it was after eight o'clock. He was talking to a Chinaman.

Cross-examined: Has not been told that these are the facts stated by the Chinaman. Believes a Chinaman as good as any other man. Don't know what you mean. How comes dese dings. Has noticed the prisoner used his left hand efery dime.

Dr. Pressnitz recalled: Viewed the body at nine o'clock on the 16th. The blood stains on the linen and the body had been slightly obliterated and diluted with water, as if they had been subjected to a watery application. There was an unusually heavy dew at seven o'clock that evening, not later. Has kept a meteorological record for the last three years. Is of the opinion that this saturation might be caused by dew falling on a clot of coagulated blood. The same effect would not be noticeable on a freshly bleeding wound. The hygrometer showed no indication of a later fall of dew. The night was windy and boisterous after eight o'clock, with no humidity. Is of the opinion that the body as seen by him, first assumed its position before eight o'clock. Would not swear positively that the deceased expired before that time. Would swear positively that the wounds were not received after eight o'clock. From the position of the wound, should say it was received while the deceased was in an upright position and the arm raised as if in struggling. From the course of the wound, should say it could not have been dealt from the left hand of an opponent;

On the cross-examination, Dr. Pressnitz admitted that many so-called "left-handed men" were really ambi-dexterous. Was of the opinion that perspiration would not have caused the saturation of the dead man's linen. The saturation was evidently after death—the blood had clotted. Dr. Pressnitz was quite certain that a dead man did not perspire.

The defense rested amid a profound sensation. Col. Starbottle, who had recovered his jaunty spirits, apparently influenced by his animated and gallant conversation with the veiled female, rose upon his short stubby feet, and withdrawing his handkerchief from his breast laid it upon the table before him. Then, carefully placing the ends of two white pudgy fingers upon it, Col. Starbottle gracefully threw his whole weight upon their tips, and, leaning elegantly toward the veiled figure, called "Grace Conroy."

The figure arose, slight, graceful, elegant; hesitated a moment, and then slipped a lissom shadow through the crowd as a trout glides though a shallow, and before the swaying, moving mass had settled to astonished rest, stood upon the witness stand. Then with a quick, dexterous movement she put aside the veil, that after the Spanish fashion was both bonnet and veil, and revealed a face so exquisitely beautiful and gracious, that even Manuela and Sal were awed into speechless admiration. She took the oath with downcast lids, whose sweeping fringes were so perfect that this very act of modesty seemed to the two female critics as the most artistic coquetry, and then raised her dark eyes and fixed them upon Gabriel.

Col. Starbottle waved his hand with infinite gallantry.

"What is—er—your name?"

"Grace Conroy."

"Have you a brother by the name of Gabriel Conroy?"

"I have."

"Look around the court and see if you can recognize him!"

The witness with her eyes still fixed on Gabriel pointed him out with her gloved finger.

"I do. He is there!"

"The prisoner at the bar?"

"Yes."

"He is Gabriel Conroy?"

"He is." "How long is it since you have seen him?"

"Six years."

"Where did you see him last, and under what circumstances?"

"At Starvation Camp, in the Sierras. I left there to get help for him and my sister."

"And you have never seen him since?"

"Never!" "Are you aware that among the—er—er—unfortunates who perished, a body that was alleged to be yours was identified?"

"Yes."

"Can you explain that circumstance?"

"Yes. When I left I wore a suit of boy's clothes. I left my own garments for Mrs. Peter Dumphy, one of our party. It was