A cold shiver ran over the witness, and his face grew pale and pinched, at this passage of his story. The court-house was as still as midnight. Even the General lost his smile, and leaned forward, as if the narration concerned some monster other than himself.
"What then?" inquired Mr. Balfour.
"I hardly know. Everything that I remember after that was confused and terrible. For years I was insane. I went to the hospital, and was there supported by Mr. Belcher. He even followed me there, and endeavored to get my signature to an assignment, but was positively forbidden by the superintendent of the asylum. Then, after being pronounced incurable, I was sent back to the Sevenoaks alms-house, where, for a considerable time, my boy was also kept; and from that horrible place, by the aid of a friend, I escaped. I remember it all as a long dream of torture. My cure came in the woods, at Number Nine, where I have ever since lived, and where twice I have been sought and found by paid emissaries of Mr. Belcher, who did not love him well enough to betray me. And, thanks to the ministry of the best friends that God ever raised up to a man, I am here to-day to claim my rights."
"These rights," said Mr. Balfour, "these rights which you hold in your patented inventions, for all these years used by the defendant, you say you have never assigned."
"Never."
"If an assignment executed in due form should be presented to you, what should you say?"
"I object to the question," said Mr. Cavendish, leaping to his feet. "The document has not yet been presented to him."
"The gentleman is right," said Mr. Balfour; "the witness has never seen it. I withdraw the question; and now tell me what you know about Mr. Belcher's profits on the use of these inventions."
"I cannot tell much," replied Mr. Benedict. "I know the inventions were largely profitable to him; otherwise he would not have been so anxious to own them. I have never had access to his books, but I know he became rapidly rich on his manufactures, and that, by the cheapness with which he produced them, he was able to hold the market, and to force his competitors into bankruptcy."
"May it please the Court," said Mr. Balfour, "I am about done with this witness, and I wish to say, just here, that if the defendant stands by his pleadings, and denies his profits, I shall demand the production of his books in Court. We can get definite information from them, at least." Then bowing to Mr. Benedict, he told him that he had no further questions to ask.
The witness was about to step down, when the Judge turned to Mr. Cavendish, with the question: "Does the counsel for the defendant wish to cross-examine the witness?"
"May it please the Court," said Mr. Cavendish rising, "the counsel for the defense regards the examination so far simply as a farce. We do not admit that the witness is Paul Benedict, at all—or, rather, the Paul Benedict named in the patents, certified copies of which are in evidence. The Paul Benedict therein named, has long been regarded as dead. This man has come and gone for months in Sevenoaks, among the neighbors of the real Paul Benedict, unrecognized. He says he has lived for years within forty miles of Sevenoaks, and at this late day puts forward his claims. There is nobody in Court, sir. We believe the plaintiff to be a fraud, and this prosecution a put-up job. In saying this, I would by no means impugn the honor of the plaintiff's counsel. Wiser men than he have been deceived and duped, and he may be assured that he is the victim of the villainies or the hallucinations of an impostor. There are men in this room, ready to testify in this case, who knew Paul Benedict during all his residence in Sevenoaks; and the witness stands before them at this moment unrecognized and unknown. I cannot cross-examine the witness, without recognizing his identity with the Paul Benedict named in the patents. There is nothing but a pretender in Court, may it please your honor, and I decline to have anything to do with him."
Mr. Cavendish sat down, with the air of a man who believed he had blasted the case in the bud, and that there was nothing left to do but to adjourn.
"It seems to the Court, gentlemen," said the judge in a quiet tone, "that this question of identity should be settled as an essential preliminary to further proceedings."
"May it please your honor," said Mr. Balfour, rising, "I did not suppose it possible, after the plaintiff had actually appeared in court, and shown himself to the defendant, that this question of identity would be mooted or mentioned. The defendant must know that I have witnesses here—that I would not appear here without competent witnesses—who will place his identity beyond question. It seems, however, that this case is to be fought inch by inch, on every possible ground. As the first witness upon this point, I shall call for James Fenton."
"Jest call me Jim," said the individual named, from his distant seat.
"James Fenton" was called to the stand, and Mr. Benedict stepped down. Jim advanced through the crowd, his hair standing very straight in the air, and his face illumined by a smile that won every heart in the house, except those of the defendant and his counsel. A war-horse going into battle, or a hungry man going to his dinner, could not have manifested more rampant alacrity.
"Hold up your right hand," said the clerk.
"Sartin," said Jim. "Both on 'em if ye say so."
"You solemnly swear m-m-m-m-m-m-m-m-so help you God!"
"I raally wish, if ye ain't too tired, that ye'd say that over agin," said Jim. "If I'm a goin' to make a Happy David, I want to know what it is."
The clerk hesitated, and the judge directed him to repeat the form of the oath distinctly. When this was done, Jim said: "Thank ye; there's nothin' like startin' squar."
"James Fenton," said Mr. Balfour, beginning a question.
"Jest call me Jim: I ain't no prouder here nor I be at Number Nine," said the witness.
"Very well, Jim," said Mr. Balfour smiling, "tell us who you are."
"I'm Jim Fenton, as keeps a hotel at Number Nine. My father was an Englishman, my mother was a Scotchman, I was born in Ireland, an' raised in Canady, an' I've lived in Number Nine for more nor twelve year, huntin', trappin' an' keepin' a hotel. I hain't never ben eddicated, but I can tell the truth when it's necessary, an' I love my friends an' hate my enemies."
"May it please the Court," said Mr. Cavendish with a sneer, "I beg to suggest to the plaintiff's counsel that the witness should be required to give his religious views."
Mr. Belcher laughed, and Mr. Cavendish sniffed his lips, as if they had said a good thing.
"Certainly," responded Mr. Balfour. "What are your religious views, Jim?"
"Well," said Jim, "I hain't got many, but I sh'd be s'prised if there wasn't a brimstone mine on t'other side, with a couple o' picks in it for old Belcher an' the man as helps 'im."
The laugh was on Mr. Cavendish. The Court smiled, the audience roared, and order was demanded.
"That will do," said Mr. Cavendish. "The religious views of the witness are definite and satisfactory."
"Jim, do you know Paul Benedict?" inquired Mr. Balfour.
"Well, I do," said Jim. "I've knowed 'im ever sence he come to Sevenoaks."
"How did you make his acquaintance?"
"He used to come into the woods, fishin' an' huntin'. Him an' me was like brothers. He was the curisest creetur I ever seen, an' I hope he takes no 'fense in hearin' me say so. Ye've seen his tackle, Mr. Balfour, an' that split bamboo o' his, but the jedge hasn't seen it. I wish I'd brung it along. Fond of fishin', sir?" And Jim turned blandly and patronizingly to the Court.
The Judge could not repress a little ripple of amusement, which, from a benevolent mouth, ran out over his face. Biting his lips, he said: "The witness had better be confined to the matter in hand."
"An' Jedge—no 'fense—but I like yer looks, an' if ye'll come to Number Nine—it's a little late now—I'll"—
Mr. Cavendish jumped up and said fiercely: "I object to this trifling."
"Jim," said Mr. Balfour, "the defendant's counsel objects to your trifling. He has a right to do so, particularly as he is responsible for starting it. Now tell me whether the Paul Benedict you knew was the only man of the name who has lived in Sevenoaks since you have lived in Number Nine?"
"He was the only one I ever hearn on. He was the one as invented Belcher's machines, any way. He's talked about 'em with me a thousand times."
"Is he in the room?"
"Mostly," said Jim, with his bland smile.
"Give me a direct answer, now."
"Yis, he's in this room, and he's a settin' there by you, an' he's been a stannin' where I stan' now."
"How do you know that this is the same man who used to visit you in the woods, and who invented Mr. Belcher's machines?"
"Well, it's a long story. I don't mind tellin' on it, if it wouldn't be too triflin'," with a comical wink at Mr. Cavendish.
"Go on and tell it," said Mr. Balfour.
"I knowed Benedict up to the time when he lost his mind, an' was packed off to the 'Sylum, an' I never seen 'im agin till I seen 'im in the Sevenoaks' poor-house. I come acrost his little boy one night on the hill, when I was a trampin' home. He hadn't nothin' on but rags, an' he was as blue an' hungry as a spring bar. The little feller teched me ye know—teched my feelins—an' I jest sot down to comfort 'im. He telled me his ma was dead, and that his pa was at old Buffum's, as crazy as a loon. Well, I stayed to old Buffum's that night, an' went into the poor-house in the mornin', with the doctor. I seen Benedict thar, an' knowed him. He was a lyin' on the straw, an' he hadn't cloes enough on 'im to put in tea. An', says I, 'Mr. Benedict, give us your benediction;' an', says he, 'Jim!' That floored me, an' I jest cried and swar'd to myself. Well, I made a little 'rangement with him an' his boy, to take 'im to Abram's bosom. Ye see he thought he was in hell, an' it was a reasomble thing in 'im too; an' I telled 'im that I'd got a settlement in Abram's bosom, an' I axed 'im over to spend the day. I took 'im out of the poor-house an' carried 'im to Number Nine, an' I cured 'im. He's lived there ever sence, helped me build my hotel, an' I come down with 'im, to 'tend this Court, an' we brung his little boy along too, an' the little feller is here, an' knows him better nor I do."
"And you declare, under oath, that the Paul Benedict whom you knew in Sevenoaks, and at Number Nine—before his insanity—the Paul Benedict who was in the poor-house at Sevenoaks and notoriously escaped from that institution—escaped by your help, has lived with you ever since, and has appeared here in Court this morning," said Mr. Balfour.
"He's the same feller, an' no mistake, if so be he hain't slipped his skin," said Jim, "an' no triflin'. I make my Happy David on't."
"Did Mr. Belcher ever send into the woods to find him?'"
"Yis," said Jim, laughing, "but I choked 'em off."
"How did you choke them off?"
"I telled 'em both I'd lick 'em if they ever blowed. They didn't want to blow any, to speak on, but Mike Conlin come in with a hundred dollars of Belcher's money in his jacket, an' helped me nuss my man for a week; an' I got a Happy David out o' Sam Yates, an' ther's the dockyment;" and Jim drew from his pocket the instrument with which the reader is already familiar.
Mr. Balfour had seen the paper, and told Jim that it was not necessary in the case. Mr. Belcher looked very red in the face, and leaned over and whispered to his lawyer.
"That is all," said Mr. Balfour.
Mr. Cavendish rose. "You helped Mr. Benedict to escape, did you, Jim?"
"I said so," replied Jim.
"Did you steal the key when you were there first?"
"No; I borrered it, an' brung it back an left it in the door."
"Did you undo the fastenings of the outside door?"
"Yis, an' I did 'em up agin."
"Did you break down the grated door?"
"I remember about somethin' squeakin' an' givin' 'way," replied Jim, with a smile. "It was purty dark, an' I couldn't see 'xactly what was a goin' on."
"Oh you couldn't! We have your confession, then, that you are a thief and a burglar, and that you couldn't see the man you took out."
"Well, now, Squar, that won't help ye any. Benedict is the man as got away, an' I saved the town the board of two paupers an' the cost of two pine coffins, an' sent old Buffum where he belonged, an' nobody cried but his pertickler friend as sets next to ye."
"I beg the Court's protection for my client, against the insults of this witness," said Mr. Cavendish.
"When a man calls Jim Fenton a thief an' a buggler, he must take what comes on't," said Jim. "Ye may thank yer everlastin' stars that ye didn't say that to me in the street, for I should 'a licked ye. I should 'a fastened that slippery old scalp o' yourn tighter nor a drum-head."
"Witness," said the Judge, peremptorily, "you forget where you are, sir. You must stop these remarks."
"Jedge look 'ere! When a man is insulted by a lawyer in court, what can he do? I'm a reasomble man, but I can't take anybody's sarse. It does seem to me as if a lawyer as snubs a witness an calls 'im names, wants dressin' down too. Give Jim Fenton a fair shake, an' he's all right."
Jim's genial nature and his irrepressible tongue were too much for the court and the lawyers together. Mr. Cavendish writhed in his seat. He could do nothing with Jim. He could neither scare nor control him, and saw that the witness was only anxious for another encounter. It was too evident that the sympathy of the jury and the increasing throng of spectators was with the witness, and that they took delight in the discomfiture of the defendant's counsel.
"May it please the Court," said Mr. Cavendish, "after the disgraceful confessions of the witness, and the revelation of his criminal character, it will not comport with my own self-respect to question him further."
"Paddlin' off, eh?" said Jim, with a comical smile.
"Witness," said the Judge, "be silent and step down."
"No 'fense, Jedge, I hope?"
"Step down, sir."
Jim saw that matters were growing serious. He liked the Judge, and had intended, in some private way, to explain the condition of his hair as attributable to his fright on being called into Court as a witness, but he was obliged to relinquish his plan, and go back to his seat. The expression of his face must have been most agreeable to the spectators, for there was a universal giggle among them which called out the reproof of the Court.
"Helen Dillingham" was next called for. At the pronunciation of her name, and her quiet progress through the court-room to the stand, there was a hush in which nothing was heard but the rustle of her own drapery. Mr. Belcher gasped, and grew pale. Here was the woman whom he madly loved. Here was the woman whom he had associated with his scheme of European life, and around whom, more and more, as his difficulties increased and the possibilities of disaster presented themselves, he had grouped his hopes and gathered his plans. Had he been the dupe of her cunning? Was he to be the object of her revenge? Was he to be betrayed? Her intimacy with Harry Benedict began to take on new significance. Her systematic repulses of his blind passion had an explanation other than that which he had given them. Mr. Belcher thought rapidly while the formalities which preceded her testimony were in progress.
Every man in the court-room leaned eagerly forward to catch her first word. Her fine figure, graceful carriage and rich dress had made their usual impression.
"Mrs. Dillingham," said the Judge, with a courteous bow and gesture, "will you have the kindness to remove your veil?"
The veil was quietly raised over her hat, and she stood revealed. She was not pale; she was fresh from the woods, and in the glory of renewed health. A murmur of admiration went around the room like the stirring of leaves before a vagrant breeze.
"Mrs. Dillingham," said Mr. Balfour, "where do you reside?"
"In this city, sir."
"Have you always lived here?"
"Always."
"Do you know Paul Benedict?"
"I do, sir."
"How long have you known him?"
"From the time I was born until he left New York, after his marriage."
"What is his relation to you?"
"He is my brother, sir."
Up to this answer, she had spoken quietly, and in a voice that could only be heard through the room by the closest attention; but the last answer was given in a full, emphatic tone.
Mr. Belcher entirely lost his self-possession. His face grew white, his eyes were wild, and raising his clenched fist he brought it down with a powerful blow upon the table before him, and exclaimed: "My God!"
The court-room became in an instant as silent as death. The Judge uttered no reprimand, but looked inquiringly, and with unfeigned astonishment, at the defendant.
Mr. Cavendish rose and begged the Court to overlook his client's excitement, as he had evidently been taken off his guard.
"Paul Benedict is your brother, you say?" resumed Mr. Balfour.
"He is, sir."
"What was his employment before he left New York?"
"He was an inventor from his childhood, and received a careful education in accordance with his mechanical genius."
"Why did he leave New York?"
"I am ashamed to say that he left in consequence of my own unkindness."
"What was the occasion of your unkindness?"
"His marriage with one whom I did not regard as his own social equal or mine."
"What was her name?"
"Jane Kendrick."
"How did you learn that he was alive?"
"Through his son, whom I invited into my house, after he was brought to this city by yourself."
"Have you recently visited the cemetery at Sevenoaks?"
"I have, sir."
"Did you see the grave of your sister-in-law?"
"I did."
"Was there a headstone upon the grave?"
"There was a humble one."
"What inscription did it bear?"
"Jane Kendrick, wife of Paul Benedict."
"When and where did you see your brother first, after your separation?"
"Early last summer at a place called Number Nine."
"Did you recognise him?"
"I did, at once."
"Has anything occurred, in the intercourse of the summer, to make you suspect that the man whom you recognised as your brother was an impostor?"
"Nothing. We have conversed with perfect familiarity on a thousand events and circumstances of our early life. I know him to be my brother as well as I know my own name, and my own identity."
"That is all," said Mr. Balfour.
"Mrs. Dillingham," said Mr. Cavendish after holding a long whispered conversation with his client, "you were glad to find your brother at last, were you not?"
"Very glad, sir."
"Why?"
"Because I was sorry for the misery which I had inflicted upon him, and to which I had exposed him."
"You were the victim of remorse, as I understand you?"
"Yes, sir; I suppose so."
"Were you conscious that your condition of mind unfitted you to discriminate? Were you not so anxious to find your brother, in order to quiet your conscience, that you were easily imposed upon."
"No, sir, to both questions."
"Well, madam, such things have happened. Have you been in the habit of receiving Mr. Belcher at your house?"
"I have."
"You have been in the habit of receiving gentlemen rather indiscriminately at your house, haven't you?"
"I object to the question," said Mr. Balfour quickly. "It carries a covert insult to the witness."
Mrs. Dillingham bowed to Mr. Balfour in acknowledgment of his courtesy, but answered the question. "I have received you, sir, and Mr. Belcher. I may have been indiscriminate in my courtesies. A lady living alone cannot always tell."
A titter ran around the court-room, in which Mr. Belcher joined. His admiration was too much at the moment for his self-interest.
"Did you know before you went to Number Nine, that your brother was there?" inquired Mr. Cavendish.
"I did, and the last time but one at which Mr. Belcher called upon me I informed him of the fact."
"That your brother was there?"
"No, that Paul Benedict was there."
"How did you know he was there?"
"His little boy wrote me from there, and told me so."
Mr. Cavendish had found more than he sought. He wanted to harass the witness, but he had been withheld by his client. Baffled on one hand and restrained on the other—for Mr. Belcher could not give her up, and learn to hate her in a moment—he told the witness he had no more questions to ask.
Mrs. Dillingham drew down her veil again, and walked to her seat.
Harry Benedict was next called, and after giving satisfactory answers to questions concerning his understanding of the nature of an oath, was permitted to testify.
"Harry," said Mr. Balfour, "were you ever in Mr. Belcher's house?"
"Yes, sir."
"Tell us how it happened that you were there."
"Mr. Belcher stopped me in the street, and led me up the steps, and then up stairs into his room."
"What question did he ask you?"
"He wanted to know whether my father was alive."
"Did he offer you money if you would tell?"
"Yes, sir; he offered me a great gold piece of money, and told me it was an eagle."
"Did you take it?"
"No, sir."
"Did he threaten you?"
"He tried to scare me, sir."
"Did he tell you that he should like to give your father some money?"
"Yes, sir."
"And did you tell him that your father was alive?"
"No, sir, I ran away;" and Harry could not restrain a laugh at the remembrance of the scene.
"Harry, is your father in this room?"
Harry looked at his father with a smile, and answered, "Yes, sir."
"Now, Harry, I want you to pick him out from all these people. Be sure not to make any mistake. Mr. Belcher has been so anxious to find him, that I presume he will be very much obliged to you for the information. Go and put your hand on him."
Harry started at a run, and, dodging around the end of the bar, threw himself into his father's arms. The performance seemed so comical to the lad, that he burst into a peal of boyish laughter, and the scene had such a pretty touch of nature in it, that the spectators cheered, and were only checked by the stern reprimand of the judge, who threatened the clearing of the room if such a demonstration should again be indulged in.
"Does the counsel for the defence wish to cross-examine the witness?" inquired the judge.
"I believe not," said Mr. Cavendish, with a nod; and then Harry went to his seat, at the side of Jim Fenton, who hugged him so that he almost screamed. "Ye're a brick, little feller," Jim whispered. "That was a Happy David, an' a Goliar into the bargin. You've knocked the Ph'listine this time higher nor a kite."
"May it please the Court," said Mr. Cavendish, "I have witnesses here who knew Paul Benedict during all his residence in Sevenoaks, and who are ready to testify that they do not know the person who presents himself here to-day, as the plaintiff in this case. I comprehend the disadvantage at which I stand, with only negative testimony at my command. I know how little value it has, when opposed to such as has been presented here; and while I am convinced that my client is wronged, I shall be compelled, in the end, to accept the identity of the plaintiff as established. If I believed the real Paul Benedict, named in the patents in question, in this case, to be alive, I should be compelled to fight this question to the end, by every means in my power, but the main question at issue, as to whom the title to these patents rests in, can be decided between my client and a man of straw, as well as between him and the real inventor. That is the first practical issue, and to save the time of the Court, I propose to proceed to its trial; and first I wish to cross-examine the plaintiff."
Mr. Benedict resumed the stand.
"Witness, you pretend to be the owner of the patents in question, in this case, and the inventor of the machines, implements and processes which they cover, do you?" said Mr. Cavendish.
"I object to the form of the question," said Mr. Balfour. "It is an insult to the witness, and a reflection upon the gentleman's own sincerity, in accepting the identity of the plaintiff."
"Very well," said Mr. Cavendish, "since the plaintiff's counsel is so difficult to please! You are the owner of these patents, are you?"
"I am, sir."
"You have been insane, have you sir?"
"I suppose I have been, sir. I was very ill for a long time, and have no doubt that I suffered from mental alienation."
"What is your memory of things that occurred immediately preceding your insanity?"
Mr. Benedict and his counsel saw the bearings of this question, at once, but the witness would no more have lied than he would have stolen, or committed murder. So he answered: "It is very much confused, sir."
"Oh, it is! I thought so! Then you cannot swear to the events immediately preceding your attack?"
"I am afraid I cannot, sir, at least, not in their order or detail."
"No! I thought so!" said Mr. Cavendish, in his contemptuous manner, and rasping voice. "I commend your prudence. Now, witness, if a number of your neighbors should assure you that, on the day before your attack, you did a certain thing, which you do not remember to have done, how should you regard their testimony?"
"If they were credible people, and not unfriendly to me, I should be compelled to believe them."
"Why, sir! you are an admirable witness! I did not anticipate such candor. We are getting at the matter bravely. We have your confession, then, that you do not remember distinctly the events that occurred the day before your attack, and your assertion that you are ready to believe and accept the testimony of credible witnesses in regard to those events."
"Yes, sir."
"Did you ever know Nicholas Johnson and James Ramsey?"
"Yes, sir."
"Where did you see them last?"
"In Mr. Belcher's library."
"On what occasion, or, rather, at what time?"
"I have sad reason to remember both the occasion and the date, sir. Mr. Belcher had determined to get my signature to an assignment, and had brought me to his house on another pretext entirely. I suppose he had summoned these men as witnesses."
"Where are these men now?"
"Unhappily, they are both dead."
"Yes, unhappily indeed—unhappily for my client. Was there anybody else in the room?"
"I believe that Phipps, Mr. Belcher's man, was coming and going."
"Why, your memory is excellent, is it not? And you remember the date of this event too! Suppose you tell us what it was."
"It was the 4th of May, 1860."
"How confused you must have been!" said Mr. Cavendish.
"These are things that were burnt into my memory," responded the witness. "There were other occurrences that day, of which I have been informed, but of which I have no memory."
"Ah, there are! Well, I shall have occasion to refresh your mind upon still another, before I get through with you. Now, if I should show you an assignment, signed by yourself on the very day you have designated, and also signed by Johnson, Ramsey and Phipps as witnesses, what should you say to it?"
"I object to the question. The counsel should show the document to the witness, and then ask his opinion of it," said Mr. Balfour.
The Court coincided with Mr. Balfour's view, and ruled accordingly.
"Very well," said Mr. Cavendish, "we shall get at that in good time. Now, witness, will you be kind enough to tell me how you remember that all this occurred on the 4th of May, 1860?"
"It happened to be the first anniversary of my wife's death. I went from her grave to Mr. Belcher's house. The day was associated with the saddest and most precious memories of my life."
"What an excellent memory!" said Mr. Cavendish; rubbing his white hands together. "Are you familiar with the signatures of Nicholas Johnson and James Ramsey?"
"I have seen them many times."
"Would you recognize them, if I were to show them to you?"
"I don't know sir."
"Oh! your memory begins to fail now, does it? How is it that you cannot remember things with which you were familiar during a series of years, when you were perfectly sane, and yet can remember things so well that happened when your mind was confused?"
Mr. Benedict's mind was getting confused again, and he began to stammer. Mr. Cavendish wondered that, in some way, Mr. Balfour did not come to the relief of his witness, but he sat perfectly quiet, and apparently unconcerned. Mr. Cavendish rummaged among his papers, and withdrew two letters. These he handed to the witness. "Now," said he, "will the witness examine these letters, and tell us whether he recognizes the signatures as genuine?"
Mr. Benedict took the two letters, of which he had already heard through Sam Yates, and very carefully read them. His quick, mechanical eye measured the length and every peculiarity of the signatures. He spent so much time upon them that even the court grew impatient.
"Take all the time you need, witness," said Mr. Balfour.
"All day, of course, if necessary," responded Mr. Cavendish raspingly.
"I think these are genuine autograph letters, both of them," said Mr. Benedict.
"Thank you: now please hand them back to me."
"I have special reasons for requesting the Court to impound these letters," said Mr. Balfour. "They will be needed again in the case."
"The witness will hand the letters to the clerk," said the judge.
Mr. Cavendish was annoyed, but acquiesced gracefully. Then he took up the assignment, and said: "Witness, I hold in my hand a document signed, sealed and witnessed on the 4th day of May, 1860, by which Paul Benedict conveys to Robert Belcher his title to the patents, certified copies of which have been placed in evidence. I want you to examine carefully your own signature, and those of Johnson and Ramsey. Happily, one of the witnesses is still living, and is ready, not only to swear to his own signature, but to yours and to those of the other witnesses."
Mr. Cavendish advanced, and handed Benedict the instrument. The inventor opened it, looked it hurriedly through, and then paused at the signatures. After examining them long, with naked eyes, he drew a glass from his pocket, and scrutinized them with a curious, absorbed look, forgetful, apparently, where he was.
"Is the witness going to sleep?" inquired Mr. Cavendish; but he did not stir. Mr. Belcher drew a large handkerchief from his pocket, and wiped his red, perspiring face. It was an awful moment to him. Phipps, in his seat, was as pale as a ghost, and sat watching his master.
At last Mr. Benedict looked up. He seemed as if he had been deprived of the power of speech. His face was full of pain and fright. "I do not know what to say to this," he said.
"Oh, you don't! I thought you wouldn't! Still, we should like to know your opinion of the instrument," said Mr. Cavendish.
"I don't think you would like to know it, sir," said Benedict, quietly.
"What does the witness insinuate?" exclaimed the lawyer, jumping to his feet. "No insinuations, sir!"
"Insinuations are very apt to breed insinuations," said the Judge, quietly. "The witness has manifested no disinclination to answer your direct questions."
"Very well," said Mr. Cavendish. "Is your signature at the foot of that assignment?"
"It is not, sir."
"Perhaps those are not the signatures of the witnesses," said Mr. Cavendish, with an angry sneer.
"Two of them, I have no doubt, are forgeries," responded Mr. Balfour, with an excited voice.
Mr. Cavendish knew that it would do no good to manifest anger; so he laughed. Then he sat down by the side of Mr. Belcher, and said something to him, and they both laughed together.
"That's all," he said, nodding to the witness.
"May it please the Court," said Mr. Balfour, "we got along so well with the question of identity that, with the leave of the defendant's counsel, I propose, in order to save the time of the Court, that we push our inquiries directly into the validity of this assignment. This is the essential question, and the defendant has only to establish the validity of the instrument to bring the case to an end at once. This done, the suit will be abandoned."
"Certainly," said Mr. Cavendish, rising. "I agree to the scheme with the single provision on behalf of the defendant, that he shall not be debarred from his pleading of a denial of profits, in any event."
"Agreed," said Mr. Balfour.
"Very well," said Mr. Cavendish. "I shall call Cornelius Phipps, the only surviving witness of the assignment."
But Cornelius Phipps did not appear when he was called. A second call produced the same result. He was not in the house. He was sought for in every possible retreat about the house, but could not be found. Cornelius Phipps had mysteriously disappeared.
After consulting Mr. Belcher, Mr. Cavendish announced that the witness who had been called was essential at the present stage of the case. He thought it possible that in the long confinement of the court-room, Phipps had become suddenly ill, and gone home. He hoped, for the honor of the plaintiff in the case, that nothing worse had happened, and suggested that the Court adjourn until the following day.
And the Court adjourned, amid tumultuous whispering. Mr. Belcher was apparently oblivious of the fact, and sat and stared, until touched upon the shoulder by his counsel, when he rose and walked out upon a world and into an atmosphere that had never before seemed so strange and unreal.
IN WHICH PHIPPS IS NOT TO BE FOUND, AND THE GENERAL IS CALLED UPON TO DO HIS OWN LYING.
At the appointed hour on the following morning, the Court resumed its session. The plaintiff and defendant were both in their places, with their counsel, and the witnesses of the previous day were all in attendance. Among the little group of witnesses there were two or three new faces—a professional-looking gentleman with spectacles; a thin-faced, carefully-dressed, slender man, with a lordly air, and the bearing of one who carried the world upon his shoulders and did not regard it as much of a burden; and, last, our old friend Sam Yates.
There was an appearance of perplexity and gloom on the countenances of Mr. Cavendish and his client. They were in serious conversation, and it was evident that they were in difficulty. Those who knew the occasion of the abrupt adjournment of the Court on the previous day looked in vain among the witnesses for the face of Phipps. He was not in the room, and, while few suspected the real state of the case, all understood how essential he was to the defendant, in his attempt to establish the genuineness of the assignment.
At the opening of the Court, Mr. Cavendish rose to speak. His bold, sharp manner had disappeared. The instrument which he had expected to use had slipped hopelessly out of his hand. He was impotent. "May it please the Court," he said, "the defendant in this case finds himself in a very embarrassing position this morning. It was known yesterday that Cornelius Phipps, the only surviving witness of the assignment, mysteriously disappeared at the moment when his testimony was wanted. Why and how he disappeared, I cannot tell. He has not yet been found. All due diligence has been exercised to discover him, but without success. I make no charges of foul play, but it is impossible for me, knowing what I know about him—his irreproachable character, his faithfulness to my client, and his perfect memory of every event connected with the execution of the paper in question—to avoid the suspicion that he is by some means, and against his will, detained from appearing here this morning. I confess, sir, that I was not prepared for this. It is hard to believe that the plaintiff could adopt a measure so desperate as this for securing his ends, and I will not criminate him; but I protest that the condition in which the defendant is left by this defection, or this forcible detention—call it what you will—demands the most generous consideration, and compels me to ask the Court for suggestions as to the best course of proceeding. There are now but two men in Court who saw the paper executed, namely, the assignor and the assignee. The former has declared, with an effrontery which I have never seen equalled, that he never signed the document which so unmistakably bears his signature, and that the names of two of the witnesses are forgeries. I do not expect that, in a struggle like this, the testimony of the latter will be accepted, and I shall not stoop to ask it."
Mr. Cavendish hesitated, looked appealingly at the Judge, and then slowly took his seat, when Mr. Balfour, without waiting for any suggestions from the Court, rose and said:
"I appreciate the embarrassment of the defense, and am quite willing to do all I can to relieve it. His insinuations of foul dealing toward his witness are absurd, of course, and, to save any further trouble, I am willing to receive as a witness, in place of Mr. Phipps, Mr. Belcher himself, and to pledge myself to abide by what he establishes. I can do no more than this, I am sure, and now I challenge him to take the stand."
The Judge watched the defendant and his counsel in their whispered consultation for a few minutes, and then said: "It seems to the Court that the defense can reasonably ask for nothing more than this."
Mr. Belcher hesitated. He had not anticipated this turn of the case. There appeared to be no alternative, however, and, at last, he rose with a very red face, and walked to the witness-stand, placing himself just where Mr. Balfour wanted him—in a position to be cross-examined.
It is useless to rehearse here the story which had been prepared for Phipps, and for which Phipps had been prepared. Mr. Belcher swore to all the signatures to the assignment, as having been executed in his presence, on the day corresponding with the date of the paper. He was permitted to enlarge upon all the circumstances of the occasion, and to surround the execution of the assignment with the most ingenious plausibilities. He told his story with a fine show of candor, and with great directness and clearness, and undoubtedly made a profound impression upon the Court and the jury. Then Mr. Cavendish passed him into the hands of Mr. Balfour.
"Well, Mr. Belcher, you have told us a very straight story, but there are a few little matters which I would like to have explained," said Mr. Balfour. "Why, for instance, was your assignment placed on record only a few months ago?"
"Because I was not a lawyer, sir," replied Mr. Belcher, delighted that the first answer was so easy and so plausible. "I was not aware that it was necessary, until so informed by Mr. Cavendish."
"Was Mr. Benedict's insanity considered hopeless from the first?"
"No," replied Mr. Belcher, cheerfully; "we were quite hopeful that we should bring him out of it."
"He had lucid intervals, then."
"Yes, sir."
"Was that the reason why, the next day after the alleged assignment, you wrote him a letter, urging him to make the assignment, and offering him a royalty for the use of his patents?"
"I never wrote any such letter, sir. I never sent him any such letter, sir."
"You sent him to the asylum, did you?"
"I co-operated with others, sir, and paid the bills," said Mr. Belcher, with emphasis.
"Did you ever visit the asylum when he was there?"
"I did, sir."
"Did you apply to the superintendent for liberty to secure his signature to a paper?"
"I do not remember that I did. It would have been an unnatural thing for me to do. If I did, it was a paper on some subordinate affair. It was some years ago, and the details of the visit did not impress themselves upon my memory."
"How did you obtain the letters of Nicholas Johnson and James Ramsey? I ask this, because they are not addressed to you."
"I procured them of Sam Yates, in anticipation of the trial now in progress here. The witnesses were dead, and I thought they would help me in establishing the genuineness of their signatures."
"What reason had you to anticipate this trial?"
"Well, sir, I am accustomed to providing for all contingencies. That is the way I was made, sir. It seemed to me quite probable that Benedict, if living, would forget what he had done before his insanity, and that, if he were dead, some friend of his boy would engage in the suit on his behalf. I procured the autographs after I saw his boy in your hands, sir."
"So you had not seen these particular signatures at the time when the alleged assignment was made."
"No, sir, I had not seen them."
"And you simply procured them to use as a defense in a suit which seemed probable, or possible, and which now, indeed, is in progress of trial?"
"That is about as clear a statement of the fact as I can make, sir;" and Mr. Belcher bowed and smiled.
"I suppose, Mr. Belcher," said Mr. Balfour, "that it seems very strange to you that the plaintiff should have forgotten his signature."
"Not at all, sir. On the contrary, I regard it as the most natural thing in the world. I should suppose that a man who had lost his mind once would naturally lose his memory of many things."
"That certainly seems reasonable, but how is it that he does not recognize it, even if he does not remember the writing of it?"
"I don't know; a man's signature changes with changing habits, I suppose," responded the witness.
"You don't suppose that any genuine signature of yours could pass under your eye undetected, do you?" inquired Mr. Balfour.
"No, sir, I don't. I'll be frank with you, sir."
"Well, now, I'm going to test you. Perhaps other men, who have always been sane, do sometimes forget their own signatures."
Mr. Balfour withdrew from his papers a note. Mr. Belcher saw it in the distance, and made up his mind that it was the note he had written to the lawyer before the beginning of the suit. The latter folded over the signature so that it might be shown to the witness, independent of the body of the letter, and then he stepped to him holding it in his hand, and asked him to declare it either a genuine signature or a forgery.
"That's my sign manual, sir."
"You are sure?"
"I know it, sir."
"Very well," said Mr. Balfour, handing the letter to the clerk to be marked. "You are right, I have no doubt, and I believe this is all I want of you, for the present."
"And now, may it please the Court," said Mr. Balfour, "I have some testimony to present in rebuttal of that of the defendant. I propose, practically, to finish up this case with it, and to show that the story to which you have listened is false in every particular.
"First, I wish to present the testimony of Dr. Charles Barhydt." At the pronunciation of his name, the man in spectacles arose, and advanced to the witness-stand.
"What is your name?" inquired Mr. Balfour.
"Charles Barhydt."
"What is your profession?"
"I am a physician."
"You have an official position, I believe."
"Yes, sir; I have for fifteen years been the superintendent of the State Asylum for the insane."
"Do you recognize the plaintiff in this case, as a former patient in the asylum?"
"I do, sir."
"Was he ever visited by the defendant while in your care?"
"He was, sir."
"Did the defendant endeavor to procure his signature to any document while he was in the asylum?"
"He did, sir."
"Did he apply to you for permission to get this signature, and did he importunately urge you to give him this permission?"
"He did, sir."
"Did you read this document?"
"I did, sir."
"Do you remember what it was?"
"Perfectly, in a general way. It was an assignment of a number of patent rights and sundry machines, implements and processes."
Mr. Balfour handed to the witness the assignment, and then said: "Be kind enough to look that through, and tell us whether you ever saw it before."
After reading the document through, the Doctor said:
"This is the identical paper which Mr. Belcher showed me or a very close copy of it. Several of the patents named here I remember distinctly, for I read the paper carefully, with a professional purpose. I was curious to know what had been the mental habits of my patient."
"But you did not give the defendant liberty to procure the signature of the patentee?"
"I did not. I refused to do so on the ground that he was not of sound mind—that he was not a responsible person."
"When was this?"
"I have no record of the date, but it was after the 12th of May, 1860—the date of Mr. Benedict's admission to the asylum."
"That is all," said Mr. Balfour. Mr. Cavendish tried to cross-examine, but without any result, except to emphasize the direct testimony, though he tried persistently to make the witness remember that, while Mr. Belcher might have shown him the assignment, and that he read it for the purpose which he had stated, it was another paper to which he had wished to secure the patient's signature.
Samuel Yates was next called.
"You are a member of our profession, I believe," said Mr. Balfour.
"I am, sir."
"Have you ever been in the service of the defendant in this case?"
"Yes, sir."
"What have you done for him?"
"I worked many months in the endeavor to ascertain whether Paul Benedict was living or dead."
"It isn't essential that we should go into that; and as the defendant has testified that he procured the autograph letters which are in the possession of the Court from you, I presume you will corroborate his testimony."
"He did procure them of me, sir."
"Did he inform you of the purpose to which he wished to put them?"
"He did, sir. He said that he wished to verify some signatures."
"Were you ever employed in his library at Sevenoaks, by his agent?"
"Yes, sir, I wrote there for several weeks."
"May it please the Court, I have a letter in my hand, the genuineness of whose signature has been recognized by the defendant, written by Robert Belcher to Paul Benedict, which, as it has a direct bearing upon the case, I beg the privilege of placing in evidence. It was written the next day after the date of the alleged assignment, and came inclosed from Benedict's hands to mine."
Mr. Belcher evidently recalled the letter, for he sat limp in his chair, like a man stunned. A fierce quarrel then arose between the counsel concerning the admission of the letter. The Judge examined it, and said that he could see no reason why it should not be admitted. Then Mr. Balfour read the following note:
"SEVENOAKS, May 5, 1860.
"Dear Benedict:—I am glad to know that you are better. Since you distrust my pledge that I will give you a reasonable share of the profits on the use of your patents, I will go to your house this afternoon, with witnesses, and have an independent paper prepared, to be signed by myself, after the assignment is executed, which will give you a definite claim upon me for royalty. We will be there at four o'clock.
"Yours, ROBERT BELCHER."
"Mr. Yates," said Mr. Balfour, "have you ever seen this letter before?"
Yates took the letter, looked it over, and then said: "I have, sir. I found the letter in a drawer of the library-table, in Mr. Belcher's house at Sevenoaks. I delivered it unopened to the man to whom it was addressed, leaving him to decide the question as to whether it belonged to him or the writer. I had no idea of its contents at the time, but became acquainted with them afterwards, for I was present at the opening of the letter."
"That is all," said Mr. Balfour.
"So you stole this letter, did you?" inquired Mr. Cavendish.
"I found it while in Mr. Belcher's service, and took it personally to the man to whom it was addressed, as he apparently had the best right to it. I am quite willing to return it to the writer, if it is decided that it belongs to him. I had no selfish end to serve in the affair."
Here the Judge interposed. "The Court," said he, "finds this letter in the hands of the plaintiff, delivered by a man who at the time was in the employ of the defendant, and had the contents of the room in his keeping. The paper has a direct bearing on the case, and the Court will not go back of the facts stated."
Mr. Cavendish sat down and consulted his client. Mr. Belcher was afraid of Yates. The witness not only knew too much concerning his original intentions, but he was a lawyer who, if questioned too closely and saucily, would certainly manage to bring in facts to his disadvantage. Yates had already damaged him sadly, and Mr. Belcher felt that it would not do to provoke a re-direct examination. So, after a whispered colloquy with his counsel, the latter told the witness that he was done with him. Then Mr. Belcher and his counsel conversed again for some time, when Mr. Balfour rose and said, addressing the Court:
"The defendant and his counsel evidently need time for consultation, and, as there is a little preliminary work to be done before I present another witness, I suggest that the Court take a recess of an hour. In the meantime, I wish to secure photographic copies of the signatures of the two autograph letters, and of the four signatures of the assignment. I ask the Court to place these documents in the keeping of an officer, to be used for this purpose, in an adjoining room, where I have caused a photographic apparatus to be placed, and where a skillful operator is now in waiting. I ask this privilege, as it is essential to a perfect demonstration of the character of the document on which the decision of this case must turn."
The Judge acceded to Mr. Balfour's request, both in regard to the recess and the use of the paper, and the assembly broke up into little knots of earnest talkers, most of whom manifested no desire to leave the building.
Mr. Cavendish approached Mr. Balfour, and asked for a private interview. When they had retired to a lobby, he said: "You are not to take any advantage of this conversation. I wish to talk in confidence."
"Very well," said Mr. Balfour.
"My client," said Cavendish, "is in a devilish bad box. His principal witness has run away, his old friends all turn against him, and circumstantial evidence doesn't befriend him. I have advised him to stop this suit right here, and make a compromise. No one wants to kill the General. He's a sharp man, but he is good-natured, and a useful citizen. He can handle these patents better than Benedict can, and make money enough for both of them. What could Benedict do if he had the patents in his hands? He's a simpleton. He's a nobody. Any man capable of carrying on his business would cheat him out of his eye-teeth."
"I am carrying on his business, myself, just at this time," remarked Mr. Balfour, seriously.
"That's all right, of course; but you know that you and I can settle this business better for these men than they can settle it for themselves."
"I'll be frank with you," said Mr. Balfour. "I am not one who regards Robert Belcher as a good-natured man and a useful citizen, and I, for one—to use your own phrase—want to kill him. He has preyed upon the public for ten years, and I owe a duty not only to my client but to society I understand how good a bargain I could make with him at this point, but I will make no bargain with him. He is an unmitigated scoundrel, and he will only go out of this Court to be arrested for crime; and I do not expect to drop him until I drop him into a Penitentiary, where he can reflect upon his forgeries at leisure."
"Then you refuse any sort of a compromise."
"My dear sir," said Mr. Balfour, warmly, "do you suppose I can give a man a right to talk of terms who is in my hands? Do you suppose I can compromise with crime? You know I can't."
"Very well—let it go. I suppose I must go through with it. You understand that this conversation is confidential."
"I do: and you?"
"Oh, certainly!"
IN WHICH A HEAVENLY WITNESS APPEARS WHO CANNOT BE CROSS-EXAMINED, AND BEFORE WHICH THE DEFENSE UTTERLY BREAKS DOWN.
At the re-assembling of the Court, a large crowd had come in. Those who had heard the request of Mr. Balfour had reported what was going on, and, as the promised testimony seemed to involve some curious features, the court-room presented the most crowded appearance that it had worn since the beginning of the trial.
Mr. Belcher had grown old during the hour. His consciousness of guilt, his fear of exposure, the threatened loss of his fortune, and the apprehension of a retribution of disgrace were sapping his vital forces, minute by minute. All the instruments that he had tried to use for his own base purposes were turned against himself. The great world that had glittered around the successful man was growing dark, and, what was worse, there were none to pity him. He had lived for himself; and now, in his hour of trouble, no one was true to him, no one loved him—not even his wife and children!
He gave a helpless, hopeless sigh, as Mr. Balfour called to the witness stand Prof. Albert Timms.
Prof. Timms was the man already described among the three new witnesses, as the one who seemed to be conscious of bearing the world upon his shoulders, and to find it so inconsiderable a burden. He advanced to the stand with the air of one who had no stake in the contest. His impartiality came from indifference. He had an opportunity to show his knowledge and his skill, and he delighted in it.
"What is your name, witness?" inquired Mr. Balfour.
"Albert Timms, at your service."
"What is your calling, sir?"
"I have at present the charge of a department in the School of Mines. My specialties are chemistry and microscopy."
"You are specially acquainted with these branches of natural science, then."
"I am, sir."
"Have you been regarded as an expert in the detection of forgery?"
"I have been called as such in many cases of the kind, sir."
"Then you have had a good deal of experience in such things, and in the various tests by which such matters are determined?"
"I have, sir."
"Have you examined the assignment and the autograph letters which have been in your hands during the recess of the Court?"
"I have, sir."
"Do you know either the plaintiff or the defendant in this case?"
"I do not, sir. I never saw either of them until to-day."
"Has any one told you about the nature of these papers, so as to prejudice your mind in regard to any of them?"
"No, sir. I have not exchanged a word with any one in regard to them."
"What is your opinion of the two letters?"
"That they are veritable autographs."
"How do you judge this?"
"From the harmony of the signatures with the text of the body of the letters, by the free and natural shaping and interflowing of the lines, and by a general impression of truthfulness which it is very difficult to communicate in words."
"What do you think of the signatures to the assignment?"
"I think they are all counterfeits but one."
"Prof. Timms, this is a serious matter. You should be very sure of the truth of a statement like this. You say you think they are counterfeits: why?"
"If the papers can be handed to me," said the witness, "I will show what leads me to think so."
The papers were handed to him, and, placing the letters on the bar on which he had been leaning, he drew from his pocket a little rule, and laid it lengthwise along the signature of Nicholas Johnson. Having recorded the measurement, he next took the corresponding name on the assignment.
"I find the name of Nicholas Johnson of exactly the same length on the assignment that it occupies on the letter," said he.
"Is that a suspicious circumstance?"
"It is, and, moreover," (going on with his measurements) "there is not the slightest variation between the two signatures in the length of a letter. Indeed, to the naked eye, one signature is the counterpart of the other, in every characteristic."
"How do you determine, then, that it is anything but a genuine signature?"
"The imitation is too nearly perfect."
"How can that be?"
"Well; no man writes his signature twice alike. There is not one chance in a million that he will do so, without definitely attempting to do so, and then he will be obliged to use certain appliances to guide him."
"Now will you apply the same test to the other signature?"
Prof. Timms went carefully to work again with his measure. He examined the form of every letter in detail, and compared it with its twin, and declared, at the close of his examination, that he found the second name as close a counterfeit as the first.
"Both names on the assignment, then, are exact fac-similes of the names on the autograph letters," said Mr. Balfour.
"They are, indeed, sir—quite wonderful reproductions."
"The work must have been done, then, by a very skillful man," said Mr. Balfour.
The professor shook his head pityingly. "Oh, no, sir," he said. "None but bunglers ever undertake a job like this. Here, sir, are two forged signatures. If one genuine signature, standing alone, has one chance in a million of being exactly like any previous signature of the writer, two standing together have not one chance in ten millions of being exact fac-similes of two others brought together by chance.
"How were these fac-similes produced?" inquired Mr. Balfour.
"They could only have been produced by tracing first with a pencil, directly over the signature to be counterfeited."
"Well, this seems very reasonable, but have you any further tests?"
"Under this magnifying glass," said the professor, pushing along his examination at the same time, "I see a marked difference between the signatures on the two papers, which is not apparent to the naked eye. The letters of the genuine autograph have smooth, unhesitating lines; those of the counterfeits present certain minute irregularities that are inseparable from pains-taking and slow execution. Unless the Court and the jury are accustomed to the use of a glass, and to examinations of this particular character, they will hardly be able to see just what I describe, but I have an experiment which will convince them that I am right."
"Can you perform this experiment here, and now?"
"I can, sir, provided the Court will permit me to establish the necessary conditions. I must darken the room, and as I notice that the windows are all furnished with shutters, the matter may be very quickly and easily accomplished."
"Will you describe the nature of your experiment?"
"Well, sir, during the recess of the Court, I have had photographed upon glass all the signatures. These, with the aid of a solar microscope, I can project upon the wall behind the jury, immensely enlarged, so that the peculiarities I have described may be detected by every eye in the house, with others, probably, if the sun remains bright and strong, that I have not alluded to."
"The experiment will be permitted," said the judge, "and the officers and the janitor will give the Professor all the assistance he needs."
Gradually, as the shutters were closed, the room grew dark, and the faces of Judge, Jury and the anxious-looking parties within the bar grew weird and wan among the shadows. A strange silence and awe descended upon the crowd. The great sun in heaven was summoned as a witness, and the sun would not lie. A voice was to speak to them from a hundred millions of miles away—a hundred millions of miles near the realm toward which men looked when they dreamed of the Great White Throne.
They felt as a man might feel, were he conscious, in the darkness of the tomb, when waiting for the trump of the resurrection and the breaking of the everlasting day. Men heard their own hearts beat, like the tramp of trooping hosts; yet there was one man who was glad of the darkness. To him the judgment day had come; and the closing shutters were the rocks that covered him. He could see and not be seen. He could behold his own shame and not be conscious that five hundred eyes were upon him.
All attention was turned to the single pair of shutters not entirely closed. Outside of these, the professor had established his heliostat, and then gradually, by the aid of drapery, he narrowed down the entrance of light to a little aperture where a single silver bar entered and pierced the darkness like a spear. Then this was closed by the insertion of his microscope, and, leaving his apparatus in the hands of an assistant, he felt his way back to his old position.
"May it please the Court, I am ready for the experiment," he said.
"The witness will proceed," said the judge.
"There will soon appear upon the wall, above the heads of the Jury," said Prof. Timms, "the genuine signature of Nicholas Johnson, as it has been photographed from the autograph letter. I wish the Judge and Jury to notice two things in this signature—the cleanly-cut edges of the letters, and the two lines of indentation produced by the two prongs of the pen, in its down-stroke. They will also notice that, in the up-stroke of the pen, there is no evidence of indentation whatever. At the point where the up-stroke begins, and the down-stroke ends, the lines of indentation will come together and cease."
As he spoke the last word, the name swept through the darkness over an unseen track, and appeared upon the wall, within a halo of amber light. All eyes saw it, and all found the characteristics that had been predicted. The professor said not a word. There was not a whisper in the room. When a long minute had passed, the light was shut off.
"Now," said the professor, "I will show you in the same place, the name of Nicholas Johnson, as it has been photographed from the signatures to the assignment. What I wish you to notice particularly in this signature is, first, the rough and irregular edges of the lines which constitute the letters. They will be so much magnified as to present very much the appearance of a Virginia fence. Second, another peculiarity which ought to be shown in the experiment—one which has a decided bearing upon the character of the signature. If the light continues strong, you will be able to detect it. The lines of indentation made by the two prongs of the pen will be evident, as in the real signature. I shall be disappointed if there do not also appear a third line, formed by the pencil which originally traced the letters, and this line will not only accompany, in an irregular way, crossing from side to side, the two indentations of the down-strokes of the pen, but it will accompany irregularly the hair-lines. I speak of this latter peculiarity with some doubt, as the instrument I use is not the best which science now has at its command for this purpose, though competent under perfect conditions."
He paused, and then the forged signatures appeared upon the wall. There was a universal burst of admiration, and then all grew still—as if those who had given way to their feelings were suddenly stricken with the consciousness that they were witnessing a drama in which divine forces were playing a part. There were the ragged, jagged edges of the letters; there was the supplementary line, traceable in every part of them. There was man's lie—revealed, defined, convicted by God's truth!
The letters lingered, and the room seemed almost sensibly to sink in the awful silence. Then the stillness was broken by a deep voice. What lips it came from, no one knew, for all the borders of the room were as dark as night. It seemed, as it echoed from side to side, to come from every part of the house: "Mene, mene, tekel upharsin!" Such was the effect of these words upon the eager and excited, yet thoroughly solemnized crowd, that when the shutters were thrown open, they would hardly have been surprised to see the bar covered with golden goblets and bowls of wassail, surrounded by lordly revellers and half-nude women, with the stricken Belshazzar at the head of the feast. Certainly Belshazzar, on his night of doom, could hardly have presented a more pitiful front than Robert Belcher, as all eyes were turned upon him. His face was haggard, his chin had dropped upon his breast, and he reclined in his chair like one on whom the plague had laid its withering hand.
There stood Prof. Timms in his triumph. His experiment had proved to be a brilliant success, and that was all he cared for.
"You have not shown us the other signatures," said Mr. Balfour.