Chapter 103
"By lots of tokens," she answered. "By the s.h.i.+ning black clasp, for one thing, and by the tears and jags in it, for another. n.o.body has ever pretended it was not the cloak. I have seen it fifty times hanging up in Mr. Herbert's closet."
"You saw the prisoner going out in it that evening?"
"Yes, I did," she answered. "I was looking out at Miss Adelaide's chamber window, and I saw him come out of the dining-room window, and go off towards the front gates. The gentlemen often went out through the dining-room window, instead of at the hall door."
"The prisoner says he came back immediately, and left his cloak in the dining-room, going out finally without it. Did you see him come back?"
"No, I didn't," replied Betsy.
"How long did you remain at the window?"
"Not long."
"Did you remain long enough for him to cross the lawn to the front entrance gates, and come back again?"
"No, I don't think I did, sir."
"The court will please take note of that answer," said Mr. Chattaway, who was aware that a great deal had been made of the fact of the housemaid's having seen him go out in the cloak. "You left the window then, immediately?"
"Pretty near immediately. I don't think I stayed long enough at it for him to come back from the front gates--if he did come. I have never said I did," she resentfully continued.
"What time was it that you saw him go out?"
"I hadn't took particular notice of the time. It was dusk. I was turning down my beds; and I generally do that a little before nine. The next room I went into was Mr. Anthony's."
"The deceased was in it, was he not?"
"He was in it, stretched full length upon the sofa. He had his head down on the cus.h.i.+on, and his feet up over the arm at the foot, all comfortable and easy, with a cigar in his mouth, and some gla.s.ses and things on the table near him. 'What are you come bothering in here for?'
he asked. So I begged his pardon; for you see, gentlemen, I didn't know he was there, and I went out again, and met Joseph carrying up a note to him. A little while after that, he went out."
The witness's propensity to degenerate into gossip appeared irrepressible. Several times she was stopped; once by the judge.
"Of how many servants did the household of Mr. Dare consist?" she was asked.
"There were four of us, gentlemen."
"Did you all sit up that night?"
"All but the cook. She went to bed."
"And the family, those who were at home, went to bed?"
"All of them, sir. The governess went early; she was
"In point of fact, then, no one was up except you three servants in the kitchen?"
"n.o.body, sir."
"And you heard no noise in the house until the return of Mr. and Mrs.
Dare?"
"We never heard nothing," responded Betsy. "We were sitting quietly in the kitchen; me and the lady's-maid at work, and Joseph asleep. We never heard any noise at all."
This was the substance of what was asked her. Joseph was next called, and gave his testimony. He deposed to having fastened up the house at eleven o'clock, with the exception of the dining-room window: that was left open in obedience to orders. All other facts within his knowledge he also testified to. The governess, Signorina Varsini, was called, and questioned upon two points: what she had seen and heard of the quarrel, and of the subsequent conduct of Anthony and Herbert to each other in the drawing-room. But her testimony amounted to nothing, and she might as well not have been troubled. She was also asked whether she had heard any noise in the house between eleven o'clock and the return of Mr. and Mrs. Dare. She replied that she did not hear any, for she had been asleep. She went to sleep long before eleven, and did not wake up until aroused by the commotion caused by the finding of the body. The witness was proceeding to favour the court with her own conviction that the prisoner was innocent, but was brought up with a summary notice that that was not evidence, and that, if she knew nothing more, she might withdraw. Upon which, she honoured the bench with an elaborate curtsey, and retired. Not a witness throughout the day gave evidence with more absolute equanimity.
Lord Hawkesley was examined; also Mr. Brittle--the latter coming to Helstonleigh on his subpoena. But to give the testimony of all the witnesses in length, would only be to repeat what has already been related. It will be sufficient to extract a few questions here and there.
"What were the games played in your rooms that evening?" was asked of Mr. Brittle.
"Some played whist; some ecarte."
"At which did the deceased play?"
"At whist."
"Was he a loser, or a gainer?"
"A loser; but to a very trifling amount. We were playing half-crown points. He and myself played against Lord Hawkesley and Captain Bellew.
We broke up because he, the deceased, was not sufficiently sober to play."
"Was he sober when he joined you?"
"By no means. He appeared to have been drinking rather freely; and he took more in my rooms, which made him worse."
"Why did you accompany him home?"
"He was scarcely in a state to proceed alone: and I felt no objection to a walk. It was a fine night."
"Did he speak, during the evening, of the dispute which had taken place between him and his brother?" interposed the judge.
"He did not, my lord. A slight incident occurred, as we were going to his home, which it may be perhaps as well to mention----"
"You must mention everything which bears upon this unhappy case, sir,"
interrupted the judge. "You are sworn to tell the whole truth."
"I do not suppose it does bear upon it directly, my lord. Had I attached importance to it, I should have spoken of it before. In pa.s.sing the turning which leads to the race-course, a man met us, and began to abuse the deceased. The deceased was inclined to stop and return it, but I drew him on."
"Of what nature was the abuse?" asked the counsel.
"I do not recollect the precise terms. It was to the effect that he, the deceased, tippled away his money instead of paying his debts. The man backed against the wall as he spoke: he appeared to have had rather too much himself. I drew the deceased on, and we were soon out of hearing."
"What became of the man?"
"I do not know. We left him standing against the wall. He called loudly after the deceased to know when his bill was to be paid. I judged him to be some petty tradesman."
"Did he follow you?"
"No. At least, we heard no more of him afterwards. I saw the deceased safely within his own gate, and left him."