But this look, though his first, did not prove to be his last. Something in the attitude of the woman he gazed at – or was it the mystery of the heavy black veil that enveloped her features? – woke a strange doubt in his mind. Beckoning to Mr. Orcutt, he communicated with him in a low tone.
"Can it be possible," asked he, "that any thing new could have transpired since last night to give encouragement to the prosecution?"
The lawyer, startled, glanced hastily about him and shook his head.
"No," he cried; "impossible! What could have transpired?"
"Look at Mr. Ferris," whispered the prisoner, "and then at the witness who wears a veil."
With an unaccountable feeling of reluctance, Mr. Orcutt hastily complied. His first glance at the District Attorney made him thoughtful. He recognized the look which his opponent wore; he had seen it many a time before this, and knew what it indicated. As for Imogene, who could tell what went on in that determined breast? The close black veil revealed nothing. Mr. Orcutt impatiently turned back to his client.
"I think you alarm yourself unnecessarily," he whispered. "Ferris means to fight, but what of that? He wouldn't be fit for his position if he didn't struggle to the last gasp even for a failing cause."
Yet in saying this his lip took its sternest line, and from the glitter of his eye and the close contraction of his brow it looked as if he were polishing his own weapons for the conflict he thus unexpectedly saw before him.
Meantime, across the court-room, another whispered conference was going on.
"Hickory, where have you been ever since last night? I have not been able to find you anywhere."
"I was on duty; I had a bird to look after."
"A bird?"
"Yes, a wild bird; one who is none too fond of its cage; a desperate one who might find means to force aside its bars and fly away."
"What do you mean, Hickory? What nonsense is this?"
"Look at Miss Dare and perhaps you will understand."
"Miss Dare?"
"Yes."
Horace's eyes opened in secret alarm.
"Do you mean – "
"I mean that I spent the whole night in tramping up and down in front of her window. And a dismal task it was too. Her lamp burned till daylight."
Here the court was called to order and Byrd had only opportunity to ask:
"Why does she wear a veil?"
To which the other whisperingly retorted:
"Why did she spend the whole night in packing up her worldly goods and writing a letter to the Congregational minister to be sent after the adjournment of court to-day?"
"Did she do that?"
"She did."
"Hickory, don't you know – haven't you been told what she is expected to say or do here to-day?"
"No."
"You only guess?"
"No, I don't guess."
"You fear, then?"
"Fear! Well, that's a big word to a fellow like me. I don't know as I fear any thing; I'm curious, that is all."
Mr. Byrd drew back, looked over at Imogene, and involuntarily shook his head. What was in the mind of this mysterious woman? What direful purpose or shadow of doom lay behind the veil that separated her from the curiosity and perhaps the sympathy of the surrounding crowd? It was in vain to question; he could only wait in secret anxiety for the revelations which the next few minutes might bring.
The defence having rested the night before, the first action of the Judge on the opening of the court was to demand whether the prosecution had any rebuttal testimony to offer.
Mr. Ferris instantly rose.
"Miss Dare, will you retake the stand," said he.
Immediately Mr. Orcutt, who up to the last moment had felt his case as secure as if it had indeed been founded on a rock, bounded to his feet, white as the witness herself.
"I object!" he cried. "The witness thus recalled by the counsel of the prosecution has had ample opportunity to lay before the court all the evidence in her possession. I submit it to the court whether my learned opponent should not have exhausted his witness before he rested his case."
"Mr. Ferris," asked the Judge, turning to the District Attorney, "do you recall this witness for the purpose of introducing fresh testimony in support of your case or merely to disprove the defence?"
"Your honor," was the District Attorney's reply, "I ought to say in fairness to my adversary and to the court, that since the case was closed a fact has come to my knowledge of so startling and conclusive a nature that I feel bound to lay it before the jury. From this witness alone can we hope to glean this fact; and as I had no information on which to base a question concerning it in her former examination, I beg the privilege of reopening my case to that extent."
"Then the evidence you desire to submit is not in rebuttal?" queried the Judge.
"I do not like to say that," rejoined the District Attorney, adroitly. "I think it may bear directly upon the question whether the prisoner could catch the train at Monteith Quarry if he left the widow's house after the murder. If the evidence I am about to offer be true, he certainly could."
Thoroughly alarmed now and filled with the dismay which a mysterious threat is always calculated to produce, Mr. Orcutt darted a wild look of inquiry at Imogene, and finding her immovable behind her thick veil, turned about and confronted the District Attorney with a most sarcastic smile upon his blanched and trembling lips.
"Does my learned friend suppose the court will receive any such ambiguous explanation as this? If the testimony sought from this witness is by way of rebuttal, let him say so; but if it is not, let him be frank enough to admit it, that I may in turn present my objections to the introduction of any irrelevant evidence at this time."
"The testimony I propose to present through this witness is in the way of rebuttal," returned Mr Ferris, severely. "The argument advanced by the defence, that the prisoner could not have left Mrs. Clemmens' house at ten minutes before twelve and arrived at Monteith Quarry Station at twenty minutes past one, is not a tenable one, and I purpose to prove it by this witness."
Mr. Orcutt's look of anxiety changed to one of mingled amazement and incredulity.
"By this witness! You have chosen a peculiar one for the purpose," he ironically exclaimed, more and more shaken from his self-possession by the quiet bearing of his opponent, and the silent air of waiting which marked the stately figure of her whom, as he had hitherto believed, he thoroughly comprehended. "Your Honor," he continued, "I withdraw my objections; I should really like to hear how Miss Dare or any lady can give evidence on this point."
And he sank back into his seat with a look at his client in which professional bravado strangely struggled with something even deeper than alarm.
"This must be an exciting moment to the prisoner," whispered Hickory to Byrd.
"So, so. But mark his control, will you? He is less cut up than Orcutt."