As I gazed at her I noted with astonishment that the little creature's face seemed to have taken on something of Pitcairn's expression, and from the first moment to the clear end it was toward Pitcairn she gazed, her eyes tutored by his, her passionless, unheated manner his own, her adjustments and discrimination in words showing her legal training, while he sat as a maiden schoolmistress might who listened to the reciting of a favorite pupil. As she went on with her tale; omitting nothing of the duel; dragging in details of the quarrel which seemed unnecessary; stating that for some time past Mr. Carmichael's attentions to her had been pronounced to such an extent that she had shunned all company for fear of meeting him; damaging him in every way, as it appeared, while the poor fellow turned a piteous color, putting his hand over his eyes, and, for the first time in his great trouble, I saw his lips tremble and his body quiver with emotion. I could scarce endure the sight of this, and to show my feelings threw my arm across his shoulder, at which movement a murmur went through the crowd, no doubt at the oddity of the situation, that I should be so strongly marked on the one side and Nancy as strongly set on the other.
Danvers's conduct changed, however, before her testimony was finished, a thing which I was glad to see, for he brought himself together with fine bravery and courage, but with a bitterness showing in his face as of one who has been betrayed.
There were two things in Nancy's testimony to which I looked forward with dread. The first was the story of the cap, and the second the finding of the pistol which I was morally certain she had moved. The first of these was not mentioned at all, by which I knew that Pitcairn had had that incident concealed from him, and the pistol episode, about which I had been questioned at length, swearing that the first sight I had of the weapon was when it lay within a foot of the duke's hand, was answered like this:
Question.—"In what position was the pistol when you first saw it?"
Answer.—"I can not swear to that. My impression is that it lay with the barrel toward the window. As I pointed it out to my father, Lord Stair, I made a movement to go toward it, but he held me back, going himself to inspect it. From the distance at which I then stood it seemed to be directly under the duke's right hand, with the barrel toward the window."
It was after a full morning's hearing, during which it seemed there was nothing more she could have said for Danvers's undoing, that she was excused, to be followed by the villainous boatman, whose testimony showed all too clearly that Danvers had made ready a means of escape.
The prosecution rested with the testimony of this man, without one ray of hope for Danvers Carmichael that I could see, unless some of the jurymen were enlightened enough to refuse a conviction in a capital case on any evidence which was circumstantial or conjectural. Motive, abundant motive, had been proven; nearness to the crime at the time of the murder; the ownership of the weapon, a black spot for the defense to wipe out; and last, the means planned for an escape in case of discovery, as testified to by the boatman of Leith.
CHAPTER XXVI
THE DEFENSE