The Herald, 1903-10-09, Page 7The Rose and Lily Dagger
A TALE OF WOMAN'S LOVIi AND
WOMAN'S PERFIDY .tis 01 .N ds
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The marquis, as these words fell in
ggaave and measured accents from
the eminent barrister's eloquent and
practised lips, lowered his eyes and
looked aside for a moment. That he
might be condemned to death was
vhe thoght ; but tat
thea trpuothi resp c ingutthe m'urderhof
etlharles Sherwin would that day be
revealed seemed to him very pro-
blematical.
The sergeant then proceeded to a
plain narration of the facts as' Tar as
they were known. He called Davie
the keeper, who related his finding
of the body, and the incidents close-.
•ly, following upon it. Told how after
.leaving Saunders with the body at
the hut, he had gone to the mar-
,qu1s, and brought him to the hut.
He gave his evidence reluctantly,
With a glance now and again at
'the pale, composed face of his mas-
ter, as if apologizing for the ne-
eeessity of saying wheat he said ;
e:nd was about to step down with a
,sigh of relief, and wiping the pers-
piration from his fade, when Gerald
,go't' up.
The court stared at the young coun-
.eel, who looked still younger in his
-.wig and gown than without It, and
,every one remarked that the counsel
'was as pale as the prisoner he was
defending. The judge put up his
:glasses and bent a keen look on the
young man, and asked his name of
the clerk of the court. •
(Gerald had only two questions to
put in cross-examination.
" The marquis offered to go with
:you to the hut at once ?"
" Yes, sir ; at once."
" Now, think carefully. Was his
coat torn ? Did he look like a man
who had been engaged in a struggle
with another man ?"
No, sir. Certainly not, �r,'Ir. His
lordship was just—just as he usually
is, quiet and calm.'
Gerald nodded, and Davie went
down, and Saunders stepped into the
box. His evidence need not be re-
peated here. He gave a clear, a Mas-
terly account of every incident that
had occurred under his own eye on
the night of the murder, and as he
;proceeded an awful silence fell upon
the audience. It seemed as if they
found it almost impossible to breathe
or move, so Intense was the strain
upon their nerves. As inch by inch
of the panorama of facts was un-
folded by Saunders, it seemed to most
of them who listened to his dry,
anethodical voice that the marquis
must be guilty.
There was a pause when he had
finished, and then Gerald rose.
" Were there any marks of a
struggle on the body or the cloth-
ing of the deceased, Mr. Saun-
ders 2"
"None whatever, sir."
"There were no such signs or
marks on the maalquis ?"
"No, sir '•
"Nor on th'e coat you found on
the Chair 2"
"The deceased was a strong,
Potwerful man ?"
"Yes."
"Then, 1f the marquis committed
this murder, he muslt, in your opin-
ion, Nave stelae upon the deceased
like a iooepan and stabbed him
from behind?"
The judge looked up.
"Ca,n are ask that, Mr. Locke?"
he said, in the soft voice for which
he is distinguished. "I think not,"
"As your loclsliip pleases," said
Gerald. But the question had been
asked, and the jury could supply
the answer, and it had told upon
them. Was it possible that a man
like the marquis could have play-
ed so mean a part ?' As they looked
at the tall, stalwart figure, the
•calm, self-possessed face, it seem-
ed impossible that he could have
done so.
Now, as to this coat," saki Ger-
ald. "It was lying on the chair in
tit conspicuous position, not hid-
den away ? It was there just as if
it had keen thrown down when ex-
changed for the smoking coat the
ma -quiet was wearing ?"
"It wets, sir."
"And when you took It up and the
dagger fell out, the marquis did not
attempt to stop you, to prevent
you?"
"No, dr; his lordship was quite
calm."
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"Tell me; you ,say the body was
warm when you found it. What time
mutt have elapsed. in your opinion,
between the murder and the mar -
gale' appearance in the but ?"
Saunderts thought a moment.
"An hour, sir."
' An hour And the marques was
quite calm and .self-possessed, not
only in the libna,.ry, but in the hut
itself, in the presence of the body?"
"Quite sir."
"If I have not been misinformed,
Mr Saunders, you have had some
experience in criminal cases. Will
yon tell hie lordship and the jury
if you ever found a criminal, a per-
son who has afterward been con-
vected of the crime with which he
was charged, as calm and collected
within an hour of the com,miassion
of that crime ea you say the marquis
was?
"No, sir," replied Saunders; "I
have not. There is always something
forced and unreal in their manner.
You can see that they are acting
—putting it on, so to speak."
"And there was nothing of that
kind about the marquis ?"
"Nothing whatever, sir. He seem-
ed quite willing that I should ar-
rest him that night--"
Gerald stopped him with a sharp,
quick gesture.
"Why did you not do so 7"
The whole court listened breath-
lessly
"I do not mean to charge you
with a neglect of duty. I think you
acted with propriety and due con-
sideration ; but I ask you wh'y.
with' all the evidence against ham
Ln your possession, you dill not ar-
rest him there and then ?"
Saunders looked at Gerald Locke.
then lowered his eyes,
"Come, Mr. Saunders," said Ger-
ald,
Saunders looked up.
"Because I did not tbink him
guilty." he said, in a clear, dr
voice.
A thrill ran through the audience,
"Judging by the marquis' manner,
the way in which he, answered your
questions, you did not think hint
capable of stealing behind a fel-
low creature and stabbing him in
the back 7'"
I did not," ,said Saunders, quietly.
The jury exchanged glances.
"And now, as to the dagger. It
dropped from the pocket of the coat
you took from the chair 7"
"It did, sir."
"There was blood upon it 2" i
"There was, sir."
"And you saw spots of blood on
the marquis' shirt front e"
"I did, sir`."
"On the side of the Breast pocket?"
"Yes."
"Nowhere else?"
"On the coat, sir."
"Not on the hands? Be careful."
"Not on the mamas, sir."
"And spots only on the coat ?"
"Yeas, sir. A smear like on the shirt
front."
• A smear Just such a smear as the
dagger would awake as it was passed
into the pocket ?"
"Yes, sir."
"I1 you, or any other man, had
picked up that dagger and put it in
his pocket It would make just such a
smear ?"
The marquis raised his head and
looked at, Gerald as he put the ques-
tion, but Gerald would not glance
In hie direction.
"Yes, sir," replied Saunders.
"That will do," said Gerald.
The people drew a long breath.
The young counsel had. at any rate,
conveyed one or two distinct impres-
sions to the jury: That the marquis,
If he committed the deed, must have
done it iu the fashion of a sneaking
footpad ; and that, unlike a sneaking
footpad, be had. made no attempt to
remove the evidences of his crime.
The two theories were incompatible.
But the judge and the other lawyers
knew that, notwithstanding this,
Gerald Locke had not succeeded in
shaking or getting rid of Saunders'
terrible eviden ce.
Dr. Summers came next. He would
have been called earlier, but he had
been attending a serious case, and
his evidence had been, by the agree-
ment of the counsel, postponed.
He gave his evidence clearly and
distinctly.
"I have no questions to ask," said
Gerald, and he looked across at Ser-
geant Lesile as if waiting for the
next witness.
The sergeant turned to the solicitor
and to Saunders, f
Saunders took out his watch.
"Must we go on ?" he said in a
whisper. "I did not want to go any
further till after the adjournment
for luncheon," and he knit his brows
and closed his lips.
At this moment a telegram was
handed to him, and, after reading it,
he said, brightening up:
"Call Giles Foreman."
An underkeeper entered the box.
"You were in the wood by the
bridge on 17th of June last. Toll
us wv'hat you saw and heard."
"Wait a moment, please," said the
judge. "We aro going back, now.
'JMio 17th of June, yes."
Giles Foreman looked round ner-
vouslyt.
"I was in the opening by the bridge,
cutting boughs, and I see Captain
Sherwin—him as is dead --and a lady
talking together on the bridge."
The judge looked up from lois
notes, the jury pricked up their ears,
and tho crowd 10 the court stirred
as 1f in anticipation of a fresh phase
of Interest. At last the woman,
who le at the bottom of every, ease,
was to make her appearance.
They Were .so, intent staring at the M
w
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witness that only, one—and that one
was Lady Blanche—saw the marquis
start. i
1
"Go on," said Lesihe.
"They stood a -talking for some
time—he was a• -making love, as l;
thought—and then 1 hoard the lady
calf out, like as if she was afeared.
Thereupon this lordship"—he made a,
rueful look at the marquis—"came
up on the bridge, and all in a jiffx
like had gripped the captain and
hoisted him over the rail."
A thrill ran through tho crowded
audience, and the judge joined the
tips of his fingers together and look-
ed with keen, thoughtful eyes at the
dull face of they witness.
"Well ?" said the sergeant.
"I was running forward, natural
like, when they stopped struggling,
and after a bit the captain went off,
and left the lady and his lordship on
the bridge."
"And who was the lady ?"
Amid a breathless silence came the
answer.
"Miss Elaine, the major's darter,
sir."
The marquis was seen to grip the
front of the dock tightly, and then
turn and look at. Gerald Locke as If
warningly.
"Miss Elaine Dolaine ?" said the ser-
geant, gravely.
"Yes, sir ; it wor she; the same
young lady as his lordship were af-
terward engaged to marry. She as
was staying with the major at the
Castle—"
The sergeant held up his hand.
"Steady. We only want to know
what you saw and heard on the
bridge; nothing of what you may
have heard since. Giles. You are posi-
tive that it was Captain Sherwin and
Ms's Elaine?"
"Sure and sartin, your worship."
The serogant glanced at the jury
as much as to say, "You see, the de-
ceased and the prisoner had already
quarrelled 1" then sat down.
Gerald rose, looking pale and
grave
"Tho marquis and Captain Sher-
win wore fighting, you say You -
saw it all ? Who struck the first
blow?"
"The captain, sir. Leastways, he
lifted his whip."
"And then ? Did the marquis etrike
him ?"
"No, sir. The just clipped him in his
arms, and lifted him like a child
and held liim over the stream."
"And they parted—how ?"
"Oh, quietly, air, in the end. The
captain ho lifted his hat, and the
marquis nodded, and the captain went
up the hill, oh, perfectly 'quiet like,
sir; and I was a bit surprised."
Gerald sat down. Ile felt over-
whelmed by this last piece of evi-
dence. He saw that the chain was
tightening round the marquis, and
that oven if he, Gerald, could find
e weak link, he dared not attemiyt
to break it, for in any such attempt
he must drag Elaine still further into
the case.
May, sitting opposite him, put her
trembling hand to her eyes.
There was a pause. The judge
loaned forward and looked at tiro
sergeant, who rose and jerked his
gown on to his shouldore.
"Your Worship will doubtless be
surprised that wo have not yet
called Mise Dolaine, but I regret to
say that sac is lying dangerously ill
at some distance--"
A.'t this moment a short, common-
place -looking man pushed in through
the crowd, and, reaching Saunders,
whispered in his ear. The common-
place -looking man was the Mr.
Brown, whom we last saw at the ho -
;tel at Lucerne. . ii I t I
"I've got nor!" he whispered in a
tone of quiet exultation,
"Is she fit to appear?" said Saun-
ders hurriedly.
"Well—But she'd have come if she'd
been within an hour of death 1 Ever
since she came to she has been fret-
ting to start."
Saunders leaned forward to the
sergeant and said a few words
swiftly, and the sergeant, with a
look of relief on his .shrewd face,
said
"My lord, the lady is here ; I call
Delaine 1"
CEAP.TE,R XXXV.
"Elaine Delaine 1" cried the neper,
The crowded court swayed to and
fro; every, eye was fixed 'aa the en-
trance , the pale, warn -looking man
with the handsome, noble face, who
had stoot3 so calmlypin the prisoner'is
dock, and had been the principal ob-
ject of interest up to naw, was for-
gotten. No one saw him start and
grip the rail with his strong hands,
or heard the stifled groan that
broke from his lips at the sound of
the beloved name.
Pour policemen cleared—none too
gently—a lane through the crowd,
and a murmur, a murmur of sup -
Pressed excitement, rose as Elaine
was seen leaning upon her father's
arm'. She was thin and white, but
supremely lovely still, and the in-
articulate Murmur of the crowd grew
into an audible expression of pity
and admiration. Lady Dorman rose
from her seat, trembling with ex-
citement and commiseration, and
sank down again, clutching her
event bottle.
"Poor,npoor girl!" she muttered
brokenly. would have been bet-
ter if ,she had died."
Lady Blanche, shrinking Into her
corner behind her, heard her and
echoed the assertion, but for very
different reasons. She looked wild-
ly from the pale, lovely face toward
the door, as if she half meditated an
attempt to escape; but a glance
showed her its impossibility. The
crowd had surged up behind the wit-
nesses and the attendant policemen,
and was now like a solid block of
human beings.
Tho judge looked at Elaine, then
said something to the clerk, and
he came forward and made room
for Elaine and the major at the
solicitors' table.
She had not raised her eyes since
she had entered, and she started
and shook as May slid her hand into
hers, and held it firmly and sooth-
ingay.
Elaine Looked at her, but seemed
unable to speak, and then looked
across the court and met his eyes.
For a moment they gazed at each
other, an unspeakable love and
pity in his eyes, and awful misery
and despair In hers, a yearning ten-
derness and reproach commingled.
Then her eyes fell, and she sat
motionless and waiting for the mo-
ment of torture.
Sergeant Leslie had been whis-
pering to Saunders, and, a.s it seem-
ed, somewhat angrily and impati-
ently.
As a matter of fact, the sergeant
had, Only read his brief coming down
in the train—it will be remembered
that another counsel had appeared
at the examination before the mag-
istrates—and he had, like mast of
the famous and busy—too busy,—ad-
vocates, relied in a measure upon
those who had had the conduct of
the case, and especially, upon Saun-
ders.
"She is too ill, far too ill --do you
hear?—to give evidence," he whis-
pered angrily.
"Ma man"—and Saunders indicat-
ed Brown—"telt; me that she would
have come even if we had not sent
far her, and that she is determined
to give evidence."
"Well," said the eminent sergeant,
"and what is she to prove 2"
Saunders shut lids lips, and frowned.
"Don't be angry, Mr. Leslie, but—
I don't know. Not quite you under-
stand( I should know if I could have
seen her before the trial, but I
couldn't, you know. Better let her
tell her own story."
"Pshaw 1" exclaimed the sergee't,
impatiently. "A pretty case you
will make of this! Why on earth'
you didn't get it up, the details,
etc., etc." Then he hitched his
gown, took a pinch of snuff angrily,
and instantly changing his manner
to one of gentle respect and con-
slderation, said slowly and softly:
"I am afraid I shall have to ask
you several questions, Mire Delaine;
but before I do so, will you permit
mo to express my regret that it
should be necessary for me to do
so, and to beg you to inform me
if I weary you. I am sure his
lorshlp will consent to an adjourn-
ment if you feel unequal to the
examination."
"Certainly !" said the judge, gen-
tly. "Miss Delaine will please re-
main ;seated."
"Silence l" cried the u,slher, know -
Ing tba,t Elaine's voice would be Iowa
and faint.
A hush fell upon the crowded court,
and every one listened breathlessly.
"Were you on the park bridge on
the 17th of Jtine, Miss Delaine '7"
"I was,"
The answer, though' low, was per-
fectly distinct, and the sad voice
could be heard by all. It penetrat-
ed even to the back of the court,
where, hemmed in by the villager*
and Castle servants, stood Fanny
Inchley, And as the tones oi';
Elaine's voice fell upon her cares
those hear by, if they had note
been too intently ' watching and•
listening to the wetness, would'
haye seen Fanny's hands open and 1
slut, and heard h!er small eveai
teethclick with a peculiar soundr
"You met Captain Sherwin there'',
"No 1" Even more distinctly came
the denial. "No, I did not meet i
him ; he came across the bridge to
where I was sitting.',
"Certainly, I understand. You did
not expect bike 7e
"I saw him; I did not wish that'
he should see me."
"Quite so," assented Mr. Leslie,
gently, "You washed to escape his"
pedicel ?'P
"I did; but—he found me."
"Will you tell his lordship and
the jury what occurred between
you 7"
Elaine raised her eyes with 'the
courage of innocence and anaiden-
ly modesty,,
"Ile asked me to be his wife."
Tho judge leaked up. The crowd
stirred excitedly.
"Silence!"
"Yes, and you--"
"I refused him," came
in a low voice.
"He remained?"
"Yes," She paused; then, as it
with an effort, continued. "He
pressed me to withdraw my refusal,
and frightened me. I called opt,
and--"
"Tho prisoner came up 7" said the
learned sergeant, helping her.
Elaine looked as if she did not
understand "the prisoner ;" then she
started, and her eyes moved slightly;
toward the haggard face in the
dock.
"Tho marquis came up," she as-
sented faintly. "He—he thought 3
was hurt."
"And nd the two men quarreled?" •
"Quarreled! No, there was nq
quarrel ; there was no time. The
marquis seized him He did not mean
to hurt him. • I know now—oh, It
know now 1 It was only to frighten
him, to punish him. He did not hurt
him. He bore him no 111 will there
or—or afterward."
(To be continued,) •I f
tJ
Simple Method of Excluding Plies.
The presence of flips in the house
Is a reproach. It is a failing away,
from a high hygenic standard, for
the fly is a pestilential feIlo•w. It
must be admitted, however, that it
is very difficult to keep habitable.
places free from files. Poisonous
Ile -papers are unsightly, and glutin-
ous cords and traps are not very
pleasant accessories in the house-
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comfort but also of health that the,
fly should be excluded. The fly may,,
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ment being oftentimes of the moat
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shown in the colonies of organisms
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contact. The fly, therefore, should be
driven out of our haunts.
It is a curious fact that flies Shill
not pass through netting even
though the meshes be quite large,
unless there be a source of light,
as from a window, behind it. Thus,,
in rooms with windows only on one
side a net over the window will ab-
solutely keep the flies out, although
the meshes of the net may be aninch
apart. •
ourtous effeac is noted in the
Andes. There is an inn half way,
up the direct route where ascend-
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the former half perished with in.,
creasing Cold, the Iatter over.
whelmed by increasing heat.
the response
Ise
Bleeding Piles
and Erysipelas
Two Severe Cases Which Illustrate the Extraordinary
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(Ilea I
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