"I think it will be better, sir, in your own interests, so that you may be the more completely cleared," the president replied, and so compelled him to continue.
"There was," he resumed, then, "a certain matter connected with the Commissary-General's department which was of the greatest urgency, yet which, under stress of work, had been postponed until the morrow. It was concerned with some tents for General Picton's division at Celorico. It occurred to me that night that it would be better dealt with at once, so that the documents relating to it could go forward early on Monday morning to the Commissary-General.
Accordingly, I returned to Monsanto, entered the official quarters, and was engaged upon that task when a cry from the garden reached my ears. That cry in the dead of night was sufficiently alarming, and I ran out at once to see what might have occasioned it. I found Count Samoval either just dead or just dying, and I had scarcely made the discovery when Mullins, the butler, came out of the residential wing, as he has testified.
"That, sirs, is all that I know of the death of Count Samoval, and I will conclude with my solemn affirmation, on my honour as a soldier, that I am as innocent of having procured it as I am ignorant of how it came about.
"I leave myself with confidence in your hands, gentlemen," he ended, and resumed his seat.
That he had favourably impressed the court was clear. Miss Armytage whispered it to Lady O'Moy, exultation quivering in her whisper.
"He is safe!" And she added: "He was magnificent."
Lady O'Moy pressed her hand in return. "Thank God! Oh, thank God!" she murmured under her breath.
"I do," said Miss Armytage.
There was silence, broken only by the rustle of the president's notes as he briefly looked them over as a preliminary to addressing the court. And then suddenly, grating harshly upon that silence, came the voice of O'Moy.
"Might I suggest, Sir Harry, that before we hear you three of the witnesses be recalled? They are Sergeant Flynn, Private Bates and Mullins."
The president looked round in surprise, and Carruthers took advantage of the pause to interpose an objection.
"Is such a course regular, Sir Harry?" He too had become conscious at last of Sir Terence's relentless hostility to the accused. "The court has been given an opportunity of examining those witnesses, the accused has declined to call any on his own behalf, and the prosecution has already closed its case."
Sir Harry considered a moment. He had never been very clear upon matters of procedure, which he looked upon as none of a soldier's real business. Instinctively in this difficulty he looked at Lord Wellington as if for guidance; but his lordship's face told him absolutely nothing, the Commander-in-Chief remaining an impassive spectator. Then, whilst the president coughed and pondered, Major Swan came to the rescue.
"The court," said the judge-advocate, "is entitled at any time before the finding to call or recall any witnesses, provided that the prisoner is afforded an opportunity of answering anything further that may be elicited in re-examination of these witnesses."
"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 passed 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 passage leading to the garden or up the stairs to the offices?"
The sergeant considered for a moment, an 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 pass 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..
