"Not unless he had lighted this fire," said the senior member solemnly. At which answer s.h.a.garach rose with a shade more prompt.i.tude than usual.
"Why do you profess to be the executor of Benjamin Arnold"s will?"
"I am so styled over his own signature," answered Hodgkins, flourishing the professor"s letter.
"Wasn"t it proved in the probate proceedings that you were only to carry out certain minor legacies?"
"It is not becoming in me to antic.i.p.ate the decision of the honorable court in that matter."
"As executor, then, did you try to uphold the will of your friend?"
"In my opinion as a lawyer, it cannot be upheld."
"In my opinion as a lawyer, it can. I ask you a question. Did you make any effort to uphold the will of which you claim to have been nominated executor?"
"I satisfied myself that the task was fruitless."
"You represented a client desirous of breaking the will at the probate proceedings, did you not?"
"The will was already broken, canceled, destroyed."
"Do you or do you not perceive a gross indelicacy in your desperate attempt to break the will of which you say you were appointed executor, in order to retrieve the fallen fortunes of the disinherited heir?"
"I am not here to discuss my conduct with you, sir," answered Hodgkins testily, for the cross-examiner fl.u.s.ters quickly when he becomes the cross-examined.
"When did you arrive in New York?"
"Friday evening."
"When did you call on the Arnolds?"
"On the Arnolds?" repeated Hodgkins, as if he did not understand the question.
"On Harry Arnold, I mean?"
"Oh, Friday evening."
"You went there directly?"
"I did."
"They were your clients?"
"I am Mrs. Arnold"s legal adviser."
"You told Harry Arnold of your intention to call at his uncle"s on the following day and open the safe?"
"I believe I announced my intention to approach the affair with expedition."
"Did he object or suggest a postponement?"
"I cannot remember that he approved or demurred."
"Do you mean to testify that you informed Floyd by letter the hour at which you would call?"
"I announced my general intention of calling."
"In the same letter in which you requested him to lock the study?"
"There was only one letter. It was dispatched from New York."
"Then how did Floyd learn of your contemplated visit?"
"I have understood that he was informed by Mrs. Arnold that afternoon."
"From whom did you understand this?"
"From Mrs. Arnold herself," said Hodgkins, looking toward that lady.
"You told her the hour?"
"Half-past two."
"And Mrs. Arnold called on Floyd, I believe, at about 2:45?"
"I believe so. I am not informed as to the exact minute."
"Was she there by appointment with you?"
"Not exactly. However, I had informed her of the time."
"As you stated before. Then Floyd only knew of your proposed visit at second hand through Mrs. Arnold?"
"I had not informed him."
"You might have entered and taken the will away without his knowledge, then?"
"It might have been done, though I a.s.sure you we had no such intention."
"When did you arrive at the house?"
"At 3:45."
"And Floyd had left a little before 3:30. He had waited for one hour, without the courtesy of an appointment from you. Then because he chose to leave the house, and did not wait upon your pleasure, you infer that he must have committed arson and procured the death of seven of his fellow-creatures. That will do."
"Charles Checkerberry."
A railroad conductor stepped forward to take the oath.
"What names!" said Ecks to Wye. "It"s like a census of Bedlam Proper."
But Wye did not answer. He was wondering if he could weave the safe explosion into the plot of his next melodrama.
"You are a conductor on the Southern railroad?" asked the district attorney.
"Yes, sir."
"What time did your train leave the city on the afternoon of Sat.u.r.day, June 28?"
"The express train left at 3:29."
"Did you see the accused riding on that train?"
"Yes, sir."
"Get a full look at him."
"I am positive that is the man. I remember the fact because he had no ticket and had to pay his fare----"
"To what point?"
"To Woodlawn."
"Go on."
"He paid his fare and declined to take the coupon, which is worth ten cents when presented at the ticket office. Told me to keep it myself."
"This generosity is not common among pa.s.sengers?"
"No, sir. That is why the incident impressed itself upon my memory."
"Did you notice anything unusual in the appearance of the accused?"
"I noticed he seemed rather excited."
"And got off at Woodlawn?"
"Yes, sir; jumped off at Woodlawn and crossed the fields over toward the woods."
"On the unfrequented side of the station?"
"Yes, sir; toward the cemetery. There is only one house on that side."
"Whose house is that?" asked s.h.a.garach.
"The Arnolds", I believe."
"Do you know Harry Arnold?"
"No, sir."
"He rides in on the Northern line usually, I presume?"
"I believe so; it is more up-town."
"In the city, you mean?"
"Yes, sir; a great deal more convenient to the high-toned section."
"Then if this pa.s.senger were Harry Arnold he would have had to pay a cash fare on your railroad, as well as one not used to riding over the road, like Floyd?"
"I suppose so. We don"t exchange tickets with the Northern."
"You see a great many hundred faces in the course of a week?"
"Yes, sir."
"How many tall, dark young men, wearing full mustaches and answering to the general description of the accused, should you say you had seen since June 28?"
"Oh, I couldn"t say as to that."
"A hundred?"
"More, probably."
"But out of these hundred or more you have a distinct recollection of this one, the accused?"
"Yes, sir."
"And would swear his life away on the strength of your recollection?"
"Well, not exactly----"
"That is all."
"One moment," said the district attorney. "Your occupation and experience give you exceptional training in the study of faces, do they not?"
"Yes, sir."
At this moment Harry Arnold came into the courtroom, attended by a great St. Bernard. The young man had hardly stepped inside the bar, when a deep bark was heard and the dog leaped toward the accused, standing on his hind legs and placing his paws on the wall of the cage, while he licked Robert"s hands like a spaniel. Emily was deeply affected and tried to distract Sire"s attention, but he had eyes only for his master.
"Down, Sire," said Robert.
s.h.a.garach had paused during the interruption.
"Will you kindly shut your eyes, Mr. Checkerberry?" he now said.
The witness did as requested. Then s.h.a.garach stepped up to Harry Arnold and whispered to him. Harry looked at him oddly. But he shook off the momentary confusion, and, scarcely looking at the witness, exclaimed: "Am I the man you saw?"