Greta lifted her head and her eyes flashed. "Yes, I will swear it," she said in a soft voice but with impressive emphasis.
Mr. Bonnithorne reached up to the ear of counsel and was understood to say that perhaps the point was too delicate to be pressed.
Parson Christian was next examined. The defendant in the present action was not the man whom he married to the plaintiff. He had since seen Paul Ritson. Where? In the convict prison of Dartmoor. In cross-examination he was asked by what name the convict was known to the directors of Dartmoor. Paul Drayton.
"Then tell the court how you came to identify the defendant as Drayton."
"There were many facts pointing that way."
"Give us one."
"On the morning of the marriage I found a letter lying open before the fire in my vestry. It was from Mr. Hugh Ritson to Mr. Bonnithorne, and it mentioned the name of Drayton in a connection which, by the light of later revelations, provoked many inferences."
Mr. Bonnithorne was unprepared for this answer. Counsel looked at him inquiringly, but the attorney glanced down and colored deeply.
"Can you show us the letter?"
"No; I left it where I found it."
"Then it can hardly be received as evidence."
The attorney smiled, and the tension of Drayton"s face relaxed. There was a slight shuffle among the people; the witness had stepped back.
Counsel for the defense opened his case. They were asked to believe that the defendant in the present action was Paul Drayton, in the teeth of the fact that Paul Drayton was at that moment a convict in a convict prison. The incredible statement was made that a newly married husband had placed his young wife in a convent on the night of their marriage, and that when they should have rejoined each other an interchange had been made, the husband going to prison in another man"s name, the other man coming to c.u.mberland to claim the place of the woman"s husband.
Moreover, they were asked to believe that the husband"s brother, Mr.
Hugh Ritson, had either been fooled by the impostor or made a party to the imposture. Happily it was easy to establish ident.i.ty by two unquestionable chains of evidence--resemblance and memory. It would be shown that the defendant could be none other than Paul Ritson, first, because he resembled him exactly in person; second, because he knew all that Paul Ritson ought to know; third, because he knew nothing that Paul Ritson might not know. No two men"s lives had ever been the same from the beginning of the world, and as it would be seen that the defendant"s life had been the same as Paul Ritson"s, it followed that Paul Ritson and the defendant were one and the same man.
d.i.c.k o" the Syke was the first witness examined for the defense. He swore that Paul Ritson was active in extinguishing a fire that broke out in the mill two years ago; that he had climbed to the cross-trees with a hatchet; and that within the past month the defendant had described to him the precise locality and shape of the gap made in the roof by the fire. No one could have known so much except himself and the man who stood on the cross-trees. That man was Paul Ritson, and he was there and then recognized by many spectators, among whom was Parson Christian.
The next witness was Mistress Calvert, of the Pack Horse. Paul Ritson had slept at their house one night two years ago, and a few days since the present defendant had pointed out the bedroom he occupied, and recalled the few words of conversation which pa.s.sed between them.
Natt, the stableman, was called. His sleepy eyes blinked knowingly as he explained that one winter"s night, when the snow fell heavily, Mrs.
Ritson, then Miss Greta, was startled by what she mistook for the ghost of Paul Ritson. The witness had not been so easily deceived, and the defendant had since described to him the exact scene and circ.u.mstances of what the lady had thought to be the ghostly appearance.
Then followed John Proudfoot, the blacksmith; Tom o" Dint, the postman; Giles Raisley, the pitman; Job Sheepshanks, the mason; and Tommy Lowthwaite, the landlord of the Flying Horse--all swearing to points of ident.i.ty.
One recalled the fact that Paul Ritson had a scar on his head that was caused by the kick of a horse when he was a boy. The defendant had just such a scar.
Another remembered that Paul Ritson had a mark on the sole of his right foot which had been made by treading on a sharp piece of rock on Hindscarth. The defendant had exactly such a mark.
A third had wrestled with Paul Ritson, and knew that he had a mole beneath the left shoulder-blade on the back. The defendant had a mole in that unusual place.
Counsel for the defense smiled blandly at the special jury, the special jury smiled blandly at counsel for the defense. Was it really necessary that the defendant should be called? Surely it was a pity to occupy the time of the court. The whole case was in a nutsh.e.l.l--the lady had quarreled with her husband. State of affairs would be promptly gauged when it was explained that this action had been raised to antic.i.p.ate a forthcoming suit in the divorce court for rest.i.tution of connubial rights.
The counsel for the plaintiff smiled also, and his was a weak smile of conscious defeat. He stammered a desire to withdraw--said he had been promised more conclusive evidence when he undertook the case, and sat down with an apologetic air.
There was a shuffle of feet in the court. Drayton had risen to receive the congratulations of his friends behind him and the cordial nods of some of the superior people who had been favored with seats at the right hand and left of the judge. He was answering in a loud tone, when there was a sudden lull of the buzz of gossip, and all eyes were directed toward one end of the table.
Hugh Ritson had risen from his seat, and with a face that was very pale, but as firm as a rock, he was engaged in a whispered conference with the plaintiff"s counsel. That gentleman"s eager face betrayed the keenest possible interest in what he heard. Presently he lifted his arm with an impatient gesture, and said:
"My lord, I have unexpectedly come into possession of new and most important evidence."
"Of what nature?" asked the judge.
"If it is conceivable," said counsel, "that in any question of personal ident.i.ty the court will accept the evidence of all the tinkers and tailors, the riff-raff, the raggabash of the country-side, and reject that of the wife of the man whose estate is in question, perhaps it will be allowed that there are three persons who are essential to this examination--the brother of Paul Ritson, the defendant who claims to be Paul Ritson, and the convict who is suffering penal servitude in the name of Paul Drayton. I might name one other whose evidence might be yet more conclusive than that of any of these alone--the mother of Paul Ritson; but she is unhappily dead to the world."
Drayton was still on his feet, riveted to the spot where he stood.
Obtuse as he was, he saw at a glance what had occurred. In all his calculations this chance had never suggested itself--that Hugh Ritson would risk the personal danger to bring him down.
"Can you put these persons into the witness-box?"
"My lord, it is, I presume, within the liberties of the defendant to keep carefully out of that box, but the court will not refuse to hear the evidence of the two persons of whom I speak--the brother of Paul Ritson and the convict known as Paul Drayton."
At this there was high commotion. Greta had leaned back in her chair, her bosom heaving, her face shadowed by lines of pain. Parson Christian stood behind her with a blank expression of bewilderment. Drayton"s brows were tightened and his lips were drawn hard.
"None of their criss-crossin" for me," he muttered.
"You can ask for a new trial," said the judge.
"My lord, another case is pending, and on the issue in this case the other case must largely depend."
"How far has the present one proceeded?"
"The defendant"s case is not yet completed."
During this scene Hugh Ritson had stood quietly by the table. He remained there with complete self-possession while counsel proceeded to explain that four days ago, in antic.i.p.ation of this action and of another that had been threatened, a statutory declaration had been made in the presence of the Home Secretary and the law officers of the Crown.
The first result of that statement was that the convict Drayton was now present in the court-house ready to appear at this trial.
The judge signified his desire that the convict might be brought in and heard.
Hugh Ritson motioned to a tall man who stood near, and immediately afterward a door was thrown open and another man stepped into the court-room.
Every eye was fixed upon him. He wore a convict"s gray jacket, with the round badge marked "3. B 2001. P S," and the broad arrow beneath. His face was pale and rigid; his large eyes glittered; he was in his full manhood, but his close-cropped hair was slightly tinged with gray. He pushed his way through the people, who fell back to let him pa.s.s. When he reached the table he tapped it impatiently with one of his hands, which were fettered, and threw up his head with a glance of defiance.
His whole bearing was that of a strong man who believed that every man"s hand was against him, and who intended to let it be seen that his own hand was against every man"s.
Counsel rose again, and asked that the defendant"s witnesses might be recalled. This was done.
"John Proudfoot, Job Sheepshanks, Thomas Lowthwaite, Giles Raisley, look this way. Who is this man?"
There was a dead hush. Then, one by one, the men who had been named shook their heads. They did not know the convict. Indeed, he was terribly altered. The ordeal of the past two years had plowed strange lines in his face. At that moment he was less like himself than was the impostor who came there to personate him.
Hugh Ritson"s manner did not change. Only a slight curl of the lip betrayed his feelings.
Counsel continued, "Is there any one in court who recognizes him?"
Not a voice responded. All was silence.
"Will the defendant stand side by side with him?"