LITMIR.BIZ

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defence, I venture to think, better than any of these my learned brethren.”

      Charles went through his examination-in-chief quite swimmingly. He answered with promptitude. He identified the prisoner without the slightest hesitation as the man who had swindled him under the various disguises of the Reverend Richard Peploe Brabazon, the Honourable David Granton, Count von Lebenstein, Professor Schleiermacher, Dr. Quackenboss, and others. He had not the slightest doubt of the man’s identity. He could swear to him anywhere. I thought, for my own part, he was a trifle too cocksure. A certain amount of hesitation would have been better policy. As to the various swindles, he detailed them in full, his evidence to be supplemented by that of bank officials and other subordinates. In short, he left Finglemore not a leg to stand upon.

      When it came to the cross-examination, however, matters began to assume quite a different complexion. The prisoner set out by questioning Sir Charles’s identifications. Was he sure of his man? He handed Charles a photograph. “Is that the person who represented himself as the Reverend Richard Peploe Brabazon?” he asked persuasively.

      Charles admitted it without a moment’s delay.

      Just at that moment, a little parson, whom I had not noticed till then, rose up, unobtrusively, near the middle of the court, where he was seated beside Césarine.

      “Look at that gentleman!” the prisoner said, waving one hand, and pouncing upon the prosecutor.

      Charles turned and looked at the person indicated. His face grew still whiter. It was—to all outer appearance—the Reverend Richard Brabazon in propriâ personâ.

      Of course I saw the trick. This was the real parson upon whose outer man Colonel Clay had modelled his little curate. But the jury was shaken. And so was Charles for a moment.

      “Let the jurors see the photograph,” the judge said, authoritatively. It was passed round the jury-box, and the judge also examined it. We could see at once, by their faces and attitudes, they all recognised it as the portrait of the clergyman before them—not of the prisoner in the dock, who stood there smiling blandly at Charles’s discomfiture.

      The clergyman sat down. At the same moment the prisoner produced a second photograph.

      “Now, can you tell me who that is?” he asked Charles, in the regular brow-beating Old Bailey voice.

      With somewhat more hesitation, Charles answered, after a pause: “That is yourself as you appeared in London when you came in the disguise of the Graf von Lebenstein.”

      This was a crucial point, for the Lebenstein fraud was the one count on which our lawyers relied to prove their case most fully, within the jurisdiction.

      Even while Charles spoke, a gentleman whom I had noticed before, sitting beside White Heather, with a handkerchief to his face, rose as abruptly as the parson. Colonel Clay indicated him with a graceful movement of his hand. “And this gentleman?” he asked calmly.

      Charles was fairly staggered. It was the obvious original of the false Von Lebenstein.

      The photograph went round the box once more. The jury smiled incredulously. Charles had given himself away. His overweening confidence and certainty had ruined him.

      Then Colonel Clay, leaning forward, and looking quite engaging, began a new line of cross-examination. “We have seen, Sir Charles,” he said, “that we cannot implicitly trust your identifications. Now let us see how far we can trust your other evidence. First, then, about those diamonds. You tried to buy them, did you not, from a person who represented himself as the Reverend Richard Brabazon, because you believed he thought they were paste; and if you could, you would have given him 10 pounds or so for them. Do you think that was honest?”

      “I object to this line of cross-examination,” our leading counsel interposed. “It does not bear on the prosecutor’s evidence. It is purely recriminatory.”

      Colonel Clay was all bland deference. “I wish, my lord,” he said, turning round, “to show that the prosecutor is a person unworthy of credence in any way. I desire to proceed upon the well-known legal maxim of falsus in uno, falsus in omnibus. I believe I am permitted to shake the witness’s credit?”

      “The prisoner is entirely within his rights,” Rhadamanth answered, looking severely at Charles. “And I was wrong in suggesting that he needed the advice or assistance of counsel.”

      Charles wriggled visibly. Colonel Clay perked up. Bit by bit, with dexterous questions, Charles was made to acknowledge that he wanted to buy diamonds at the price of paste, knowing them to be real; and, a millionaire himself, would gladly have diddled a poor curate out of a couple of thousand.

      “I was entitled to take advantage of my special knowledge,” Charles murmured feebly.

      “Oh, certainly,” the prisoner answered. “But, while professing friendship and affection for a clergyman and his wife, in straitened circumstances, you were prepared, it seems, to take three thousand pounds’ worth of goods off their hands for ten pounds, if you could have got them at that price. Is not that so?”

      Charles was compelled to admit it.

      The prisoner went onto the David Granton incident. “When you offered to amalgamate with Lord Craig-Ellachie,” he asked, “had you or had you not heard that a gold-bearing reef ran straight from your concession into Lord Craig-Ellachie’s, and that his portion of the reef was by far the larger and more important?”

      Charles wriggled again, and our counsel interposed; but Rhadamanth was adamant. Charles had to allow it.

      And so, too, with the incident of the Slump in Golcondas. Unwillingly, shamefacedly, by torturing steps, Charles was compelled to confess that he had sold out Golcondas—he, the Chairman of the company, after repeated declarations to shareholders and others that he would do no such thing—because he thought Professor Schleiermacher had made diamonds worthless. He had endeavoured to save himself by ruining his company. Charles tried to brazen it out with remarks to the effect that business was business. “And fraud is fraud,” Rhadamanth added, in his pungent way.

      “A man must protect himself,” Charles burst out.

      “At the expense of those who have put their trust in his honour and integrity,” the judge commented coldly.

      After four mortal hours of it, all to the same effect, my respected brother-in-law left the witness-box at last, wiping his brow and biting his lip, with the very air of a culprit. His character had received a most serious blow. While he stood in the witness-box all the world had felt it was he who was the accused and Colonel Clay who was the prosecutor. He was convicted on his own evidence of having tried to induce the supposed David Granton to sell his father’s interests into an enemy’s hands, and of every other shady trick into which his well-known business acuteness had unfortunately hurried him during the course of his adventures. I had but one consolation in my brother-in-law’s misfortunes—and that was the thought that a due sense of his own shortcomings might possibly make him more lenient in the end to the trivial misdemeanours of a poor beggar of a secretary!

      I was the next in the box. I do not desire to enlarge upon my own achievements. I will draw a decent veil, indeed, over the painful scene that ensued when I finished my evidence. I can only say I was more cautious than Charles in my recognition of the photographs; but I found myself particularly worried and harried over other parts of my cross-examination. Especially was I shaken about that misguided step I took in the matter of the cheque for the Lebenstein commission—a cheque which Colonel Clay handed to me with the utmost politeness, requesting to know whether or not it bore my signature. I caught Charles’s eye at the end of the episode, and I venture to say the expression it wore was one of relief that I too had tripped over a trifling question of ten percent on the purchase money of the castle.

      Altogether, I must admit, if it had not been for the police evidence, we would have failed to make a case against our man at all. But the police, I confess, had got up their part of the prosecution admirably. Now that they knew Colonel Clay to be really Paul Finglemore, they showed with great cleverness how Paul Finglemore’s disappearances and

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