Sir Terence signified that he had no more to ask, and again the president invited the prisoner to question the witness, to receive again the prisoner"s unvarying refusal.
And now O"Moy rose in his place to announce that he had himself a further statement to, make to the court, a statement which he had not conceived necessary until he had heard the prisoner"s account of his movements during the half-hour he had spent at Monsanto on the night of the duel.
"You have heard from Sergeant Flynn and my butler Mullins that the letter carried from me by the latter to the former on the night of the 28th was a letter for the Commissary-General of an urgent character, to be forwarded first thing in the morning. If the prisoner insists upon it, the Commissary-General himself may be brought before this court to confirm my a.s.sertion that that communication concerned a complaint from headquarters on the subject of the tents supplied to the third division Sir Thomas Picton"s--at Celorico. The doc.u.ments concerning that complaint--that is to say, the doc.u.ments upon which we are to presume that the prisoner was at work during tine half-hour in question--were at the time in my possession in my own private study and in another wing of the building altogether."
Sir Terence sat down amid a rustling stir that ran through the court, but was instantly summoned to his feet again by the president.
"A moment, Sir Terence. The prisoner will no doubt desire to question you on that statement." And he looked with serious eyes at Captain Tremayne.
"I have no questions for Sir Terence, sir," was his answer.
Indeed, what question could he have asked? The falsehoods he had uttered had woven themselves into a rope about his neck, and he stood before his brother officers now in an agony of shame, a man discredited, as he believed.
"But no doubt you will desire the presence of the Commissary-General?"
This was from Colonel Fletcher his own colonel and a man who esteemed him--and it was asked in accents that were pleadingly insistent.
"What purpose could it serve, sir? Sir Terence"s words are partly confirmed by the evidence he has just elicited from Sergeant Flynn and his butler Mullins. Since he spent the night writing a letter to the Commissary, it is not to be doubted that the subject would be such as he states, since from my own knowledge it was the most urgent matter in our hands. And, naturally, he would not have written without having the doc.u.ments at his side. To summon the Commissary-General would be unnecessarily to waste the time of the court. It follows that I must have been mistaken, and this I admit."
"But how could you be mistaken?" broke from the president.
"I realise your difficulty in crediting, it. But there it is. Mistaken I was."
"Very well, sir." Sir Harry paused and then added "The court will be glad to hear you in answer to the further evidence adduced to refute your statement in your own defence."
"I have nothing further to say, sir," was Tremayne"s answer.
"Nothing further?" The president seemed aghast. "Nothing, sir."
And now Colonel Fletcher leaned forward to exhort him. "Captain Tremayne," he said, "let me beg you to realise the serious position in which you are placed."
"I a.s.sure you, sir, that I realise it fully."
"Do you realise that the statements you have made to account for your movements during the half-hour that you were at Monsanto have been disproved? You have heard Private Bates"s evidence to the effect that at the time when you say you were at work in the offices, those offices remained in darkness. And you have heard Sir Terence"s statement that the doc.u.ments upon which you claim to have been at work were at the time in his own hands. Do you realise what inference the court will be compelled to draw from this?"
"The court must draw whatever inference it pleases," answered the captain without heat.
Sir Terence stirred. "Captain Tremayne," said he, "I wish to add my own exhortation to that of your colonel! Your position has become extremely perilous. If you are concealing anything that may extricate you from it, let me enjoin you to take the court frankly and fully into your confidence."
The words in themselves were kindly, but through them ran a note of bitterness, of cruel derision, that was faintly perceptible to Tremayne and to one or two others.
Lord Wellington"s piercing eyes looked a moment at O"Moy, then turned upon the prisoner. Suddenly he spoke, his voice as calm and level as his glance.
"Captain Tremayne--if the president will permit me to address you in the interests of truth and justice--you bear, to my knowledge, the reputation of an upright, honourable man. You are a man so unaccustomed to falsehood that when you adventure upon it, as you have obviously just done, your performance is a clumsy one, its faults easily distinguished.
That you are concealing something the court must have perceived. If you are not concealing something other than that Count Samoval fell by your hand, let me enjoin you to speak out. If you are shielding any one--perhaps the real perpetrator of this deed--let me a.s.sure you that your honour as a soldier demands, in the interests of truth and justice, that you should not continue silent."
Tremayne looked into the stern face of the great soldier, and his glance fell away. He made a little gesture of helplessness, then drew himself stiffly up.
"I have nothing more to say."
"Then, Captain Tremayne," said the president, "the court will pa.s.s to the consideration of its finding. And if you cannot account for the half-hour that you spent at Monsanto while Count Samoval was meeting his death, I am afraid that, in view of all the other evidences against you, your position is likely to be one of extremest gravity.
"For the last time, sir, before I order your removal, let me add my own to the exhortations already addressed to you, that you should speak. If still you elect to remain silent, the court, I fear, will be unable to draw any conclusion but one from your att.i.tude."
For a long moment Captain Tremayne stood there in tense, expectant silence. Yet he was not considering; he was waiting. Lady O"Moy he knew to be in court, behind him. She had heard, even as he had heard, that his fate hung perhaps upon whether Richard Butler"s presence were to be betrayed or not. Not for him to break faith with her. Let her decide.
And, awaiting that decision, he stood there, silent, like a man considering. And then, because no woman"s voice broke the silence to proclaim at once his innocence, and the alibi that must ensure his acquittal, he spoke at last.
"I thank you, sir. Indeed, I am very grateful to the court for the consideration it has shown me. I appreciate it deeply, but I have nothing more to say."
And then, when all seemed lost, a woman"s voice rang out at last:
"But I have!"
Its sharp, almost strident note acted like an electric discharge upon the court; but no member of the a.s.sembly was more deeply stricken than Captain Tremayne. For though the voice was a woman"s, yet it was not the voice for which he had been waiting.
In his excitement he turned, to see Miss Armytage standing there, straight and stiff, her white face stamped with purpose; and beside her, still seated, clutching her arm in an agony of fear, Lady O"Moy, murmuring for all to hear her:
"No, no, Sylvia. Be silent, for G.o.d"s sake!"
But Sylvia had risen to speak, and speak she did, and though the words she uttered were such as a virgin might wish to whisper with veiled countenance and averted glance, yet her utterance of them was bold to the point of defiance.
"I can tell you why Captain Tremayne is silent. I can tell you whom he shields."
"Oh G.o.d!" gasped Lady O"Moy, wondering through her anguish how Sylvia could have become possessed of her secret.
"Miss Armytage--I implore you!" cried Tremayne, forgetting where he stood, his voice shaking at last, his hand flung out to silence her.
And then the heavy voice of O"Moy crashed in:
"Let her speak. Let us have the truth--the truth!" And he smote the table with his clenched fist.
"And you shall have it," answered Miss Armytage. "Captain Tremayne keeps silent to shield a woman--his mistress."
Sir Terence sucked in his breath with a whistling sound. Lady O"Moy desisted from her attempts to check the speaker and fell to staring at her in stony astonishment, whilst Tremayne was too overcome by the same emotion to think of interrupting. The others preserved a watchful, unbroken silence.
"Captain Tremayne spent that half-hour at Monsanto in her room. He was with her when he heard the cry that took him to the window. Thence he saw the body in the courtyard, and in alarm went down at once--without considering the consequences to the woman. But because he has considered them since, he now keeps silent."
"Sir, sir," Captain Tremayne turned in wild appeal to the president, "this is not true." He conceived at once the terrible mistake that Miss Armytage had made. She must have seen him climb down from Lady O"Moy"s balcony, and she had come to the only possible, horrible conclusion.
"This lady is mistaken, I am ready to--"
"A moment, sir. You are interrupting," the president rebuked.
And then the voice of O"Moy on the note of terrible triumph sounded again like a trumpet through the long room.
"Ah, but it is the truth at last. We have it now. Her name! Her name!"
he shouted. "Who was this wanton?"
Miss Armytage"s answer was as a bludgeon-stroke to his ferocious exultation.
"Myself. Captain Tremayne was with me."