"That is the rule," said Sir Terence, "and rightly so, for, as in the present instance, the prisoner"s own statement may make it necessary."
The president gave way, thereby renewing Miss Armytage"s terrors and shaking at last even the prisoner"s calm.
Sergeant Flynn was the first of the witnesses recalled at Sir Terence"s request, and it was Sir Terence who took up his re-examination.
"You said, I think, that you were standing in the guardroom doorway when Captain Tremayne pa.s.sed you at twenty minutes to twelve on the night of the 28th?"
"Yes, sir. I had turned out upon hearing the curricle draw up. I had come to see who it was."
"Naturally. Well, now, did you observe which way Captain Tremayne went?--whether he went along the pa.s.sage leading to the garden or up the stairs to the offices?"
The sergeant considered for a moment, and Captain Tremayne became conscious for the first time that morning that his pulses were throbbing. At last his dreadful suspense came to an end.
"No, sir. Captain Tremayne turned the corner, and was out of my sight, seeing that I didn"t go beyond the guardroom doorway."
Sir Terence"s lips parted with a snap of impatience. "But you must have heard," he insisted. "You must have heard his steps--whether they went upstairs or straight on."
"I am afraid I didn"t take notice, sir."
"But even without taking notice it seems impossible that you should not have heard the direction of his steps. Steps going up stairs sound quite differently from steps walking along the level. Try to think."
The sergeant considered again. But the president interposed. The testiness which Sir Terence had been at no pains to conceal annoyed Sir Harry, and this insistence offended his sense of fair play.
"The witness has already said that the didn"t take notice. I am afraid it can serve no good purpose to compel him to strain his memory. The court could hardly rely upon his answer after what he has said already."
"Very well," said Sir Terence curtly. "We will pa.s.s on. After the body of Count Samoval had been removed from the courtyard, did Mullins, my butler, come to you?"
"Yes, Sir Terence."
"What was his message? Please tell the court."
"He brought me a letter with instructions that it was to be forwarded first thing in the morning to the Commissary-General"s office."
"Did he make any statement beyond that when he delivered that letter?"
The sergeant pondered a moment. "Only that he had been bringing it when he found Count Samoval"s body."
"That is all I wish to ask, Sir Harry," O"Moy intimated, and looked round at his fellow-members of that court as if to inquire whether they had drawn any inference from the sergeant"s statements.
"Have you any questions to ask the witness, Captain Tremayne?" the president inquired.
"None, sir," replied the prisoner.
Came Private Bates next, and Sir Terence proceeded to question him..
"You said in your evidence that Captain Tremayne arrived at Monsanto between half-past eleven and twenty minutes to twelve?"
"Yes, sir."
"You told us, I think, that you determined this by the fact that you came on duty at eleven o"clock, and that it would be half-an-hour or a little more after that when Captain Tremayne arrived?"
"Yes, sir."
"That is quite in agreement with the evidence of your sergeant. Now tell the court where you were during the half-hour that followed--until you heard the guard being turned out by the sergeant."
"Pacing in front of quarters, sir."
"Did you notice the windows of the building at all during that time?"
"I can"t say that I did, sir."
"Why not?"
"Why not?" echoed the private.
"Yes--why not? Don"t repeat my words. How did it happen that you didn"t notice the windows?"
"Because they were in darkness, sir."
O"Moy"s eyes gleamed. "All of them?"
"Certainly, sir, all of them."
"You are quite certain of that?"
"Oh, quite certain, sir. If a light had shown from one of them I couldn"t have failed to notice it."
"That will do."
"Captain Tremayne--" began the president.
"I have no questions for the witness, sir," Tremayne announced.
Sir Harry"s face expressed surprise. "After the statement he has just made?" he exclaimed, and thereupon he again invited the prisoner, in a voice that was as grave as his countenance, to cross-examine he witness; he did more than invite--he seemed almost to plead. But Tremayne, preserving by a miracle his outward calm, for all that inwardly he was filled with despair and chagrin to see what a pit he had dug for himself by his falsehood, declined to ask any questions.
Private Bates retired, and Mullins was recalled. A gloom seemed to have settled now upon the court. A moment ago their way had seemed fairly clear to its members, and they had been inwardly congratulating themselves that they were relieved from the grim necessity of pa.s.sing sentence upon a brother officer esteemed by all who knew him. But now a subtle change had crept in. The statement drawn by Sir Terence from the sentry appeared flatly to contradict Captain Tremayne"s own account of his movements on the night in question.
"You told the court," O"Moy addressed the witness Mullins, consulting his notes as he did so, "that on the night on which Count Samoval met his death, I sent you at ten minutes past twelve to take a letter to the sergeant of the guard, an urgent letter which was to be forwarded to its destination first thing on the following morning. And it was in fact in the course of going upon this errand that you discovered the prisoner kneeling beside the body of Count Samoval. This is correct, is it not?"
"It is, sir."
"Will you now inform the court to whom that letter was addressed?"
"It was addressed to the Commissary-General."
"You read the superscription?"
"I am not sure whether I did that, but I clearly remember, sir, that you told me at the time that it was for the Commissary-General."