Littell allowed a few minutes to elapse while he scrutinized the witness, before he put his first question, and it was apparent to me that the delay was trying to Benton, who was already in a nervous state, for he moved restlessly and directed his gaze anxiously to the lawyer.
At length Littell began his cross-examination, and after taking him categorically over each item in his testimony, pinning him definitely in each instance as to time and place and separating fact from conjecture, he asked him pointedly if he had told the Coroner"s jury as he had this one that Winters was in the habit of visiting White; or that he demanded money of him, or that he claimed White"s money to have been by right his.
The witness admitted that he had not told them any of these things.
"Why did you not?" Littell continued.
Benton seemed embarra.s.sed, but at length said he supposed he had not done so because he did not think of them at the time.
Littell waited patiently till the answer was forthcoming, and then continued:
"Now tell the jury was not the real reason you did not tell these things at that time because it had not then occurred to you that suspicion would attach to Winters?"
"Yes," he admitted, after some hesitation, "I expect that was the reason."
"And," continued Littell, "when you found later that suspicion had attached to Winters, and that he was arrested for the murder, did you not then tell these things because you thought they would strengthen the case against him?"
"Yes," he replied, "I think they are evidence against him."
"And why should you wish to give evidence against him? Do you think him guilty?" was the next question.
This was a little further than Benton was willing to go, and he answered that he did not know.
"Well," said Littell; "let us see if we cannot find out what you really do know about it; you probably have more knowledge of the conditions surrounding the case than has any one else."
And then, by further interrogation, he elicited the fact that the front door of the house was fastened and required a latch-key to open it when Benton arrived the morning of the murder, and also that while he had frequently admitted Winters to the house, he had never known him to possess a key to the premises.
"And how, then, do you think he got in on this night?" Littell continued.
Benton probably recalled his unsuccessful attempt to explain this problem to me on another occasion, for he made no effort to do so now, merely acknowledging lamely that he did not understand how he had obtained admission.
"And yet," continued Littell, "you have said everything you could to the jury to make it appear that Winters was White"s murderer."
Benton did not attempt to answer this charge and seemed anxious to evade further questions, but Littell showed no disposition to let him off, but leaving his seat took his stand at Benton"s elbow and continued his questions at close range, emphasizing each one:
"As a matter of fact, don"t you know, or at least are you not satisfied, that Winters had no key to White"s house?" he asked.
Accustomed to render obedience to Littell, and by this time thoroughly cowed, Benton was no longer capable of resistance, and a.s.sented obediently to the question.
"And do you not know also," Littell continued, "that whoever secured access to White"s room that night and killed him, had, in all probability, a key to the house?" and again Benton a.s.sented.
"Then it hardly seems likely that Winters was that man, does it?" he concluded,--and the witness had nothing to answer.
Littell next questioned him about White"s habits and his relations with other men, and extracted the admission that for some time before his death White had seemed worried and had talked vaguely about some trouble and some person.
"Do you know what that trouble was?" he was asked.
"I do not," he answered.
Littell hesitated as if doubtful of the expediency of pressing his questions further on this line, till the Judge, observing it, himself asked the witness if he knew who the person was; but the witness replied that he did not, adding, however, as an afterthought, that it might have been Winters. At this Littell took a vigorous hand again.
"Do you believe it was Winters?" he asked sharply.
"I don"t know," he was answered evasively.
"But was not Mr. White always very candid in speaking to you about Winters?" Littell insisted.
"Yes," he replied; "he was."
"Then if it had been Winters, do you not think he would have spoken of him by name?" and Littell"s tone was almost angry.
"Yes," Benton answered reluctantly.
"Then you do not believe it was Winters?" Littell concluded.
"No, I do not," he admitted finally.
Next Littell secured from Miles the torn piece of a letter we had found in White"s sitting-room, and with the consent of the State submitted it to the witness and had him read its broken sentences to the jury, and after he had done so, asked him if he had any idea to what it referred or for whom it was intended, but the witness denied any knowledge on the subject.
The defence having concluded, the prosecution endeavored upon re-direct examination to restore the force of the direct testimony, but without much success; the damage was done, and the witness was no longer capable of a.s.sisting in its repair.
Littell had scored, and that on the first occasion on which he had taken any serious part in the proceedings, and it must be, I thought, that the jury would now await his words with even increased interest. He continued sparing of them, however, permitting witness after witness--Van Bult and Davis among them--to leave the stand without cross-examination or with only a few casual questions.
Nothing new was developed until Belle Stanton was cross-examined. Her direct testimony had been a mere repet.i.tion of that which she had given before the Coroner"s jury, but Littell,--regardless of the strict limitations of cross-examination--directed his questions to the matter of White"s supposed trouble, of which it seemed possible she might have some knowledge, and his course was justified by the results.
She corroborated Benton"s testimony as to White"s disturbed mental condition and went so far as to testify that he cherished some bitter feeling towards some one. She said that this much she had learned from his own lips and was sure of, and also that his feeling in the matter was becoming daily more acute, but she denied having any knowledge of its cause, or of the ident.i.ty of the person. She, too, when shown the letter, was unable to say for whom it was intended, but she expressed the opinion that its contents were suggestive of some of the things White had said when talking of his trouble. Nothing more definite than this could be obtained from her, as she disclaimed recollection of any exact words used by him, and said it was all only an impression she had gathered almost unconsciously from disconnected remarks which he had dropped at different times. "He had been drinking a good deal before his death," she added in explanation, "and was not always quite himself"; and Littell, having attained his object of enforcing upon the attention of the jury these apparent secrets in White"s life, did not pursue the cross-examination further.
I had looked for him to question her regarding the presence of the ulster at her house but he did not do so, and I concluded he was satisfied that it would be to no purpose.
I was amused when Mrs. Bunce testified by the promptness with which she acted upon the advice given her by Miles; in her anxiety to do so even volunteering the information that she had found three fifty-dollar bills in the pocket of the ulster; otherwise her testimony did not differ from that formerly given. Littell, however, insisted upon knowing in what condition she found the money, upon which she said that it was carelessly stuffed in an outside pocket, and agreed to his further suggestion that part of it might readily have fallen out.
Of the night-officer, when he had given his damaging testimony against the prisoner, Littell asked first if Winters had the ulster, or any bundle that could have contained it, when he saw him come out of the vestibule; to which the witness gave a positive negative.
He then cross-examined him as to the reliability of his identification of the man he saw clad in the ulster as Arthur White.
In reply to successive questions, it developed that the officer"s observation of the man had been made from the opposite side of a dimly lighted street upon a dark night; that he wore the collar of the coat turned up and the vizor of the cap pulled down, that he was in the act of raising an umbrella, and that he walked rapidly, showing no signs of intoxication.
The witness insisted, however, in spite of these facts and with every sign of sincerity, that he was confident of his identification, and it seemed very uncertain if much doubt as to it had been created with the jury.
Detective Miles was the last witness to be called by the State. He was allowed to give his testimony in his own way, which he did conscientiously and in detail, neither omitting or coloring anything that could have bearing upon the case.
He identified the torn letter which had been shown to Benton and Miss Stanton and told of its discovery in White"s rooms. It being admitted that it was in the handwriting of White, it was put formally in evidence at the request of the defence, and was then submitted to the jurors among whom it was pa.s.sed from hand to hand with evident interest.
Littell, upon cross-examination, brought out the fact that the apparel, including the shoes, worn by White on the night of his death showed no evidence of exposure to the weather, and following it up by adroitly put questions as to the condition of his overshoes and umbrella, suggested the improbability of his having been out that night, and prepared the way for his theory that it had been some one else whom the officer had seen clad in the cap and ulster.
Littell knew that he had a favorably disposed witness in Miles and made the most of the opportunity, but there was so little that the detective knew of his own knowledge that it was not of great advantage.
Upon the conclusion of his evidence, the prosecution closed its testimony, and it being then late in the afternoon, the Judge, after consultation with the lawyers, adjourned court till the following day.