Counsel for the defense submitted that the crime had yet to be proved. His learned friend was assuming too much.
The public prosecutor said that he asserted no more than he could prove to their lordships and the gentlemen of the jury. The prisoner had killed Mr. Alymer, and it was for this offense that he stood in yonder dock. As regards the theft of the body---
The lesser offense, said prisoner's counsel, was swallowed up and merged in the greater; therefore, he protested against the introduction of the theft of the body.
The judge thought that the two crimes were, judicially speaking, one and the same. It was right that the crown prosecutor should place before him the whole facts of the case. One part might neutralize or enhance or explain the other. The crown prosecutor was quite in order.
Counsel for the prosecution accepted his lordship's ruling and would proceed. The body of Mr. Alymer was taken to the residence of his adopted father. Major Jen. There it was placed in the bedroom which had formerly belonged to the living man. Thence it was stolen by the prisoner.
Counsel for the prisoner: "All this has yet to be proved."
Counsel for the crown: "I shall prove it and at once. The jury are now in possession of all the facts of this very interesting case, and every detail will be confirmed by the most responsible witnesses. Call Major Jen."
Evidence--in brief--of Major Jen: "I was the guardian of the deceased Maurice Alymer. I adopted him as my son. He was in love with, and engaged to, Miss Dallas, but the mother did not approve of the engagement. Dr. Etwald, the prisoner, also loved Miss Dallas, but she refused to marry him. I showed the prisoner the devil-stick and explained its use, whereupon he wished to purchase it. I declined to part with it, and afterward it was stolen. After its disappearance, Mr. Alymer was killed by means of the devil-stick poison. His hand was but slightly scratched, and he could not have died from so trivial a cause had not the weapon used been poisoned. Moreover, I recognized the perfume which emanated from the body as that of the devil-stick poison. Dr. Etwald had threatened the deceased once or twice. Afterward the body of deceased disappeared, and the drug used to stupefy the watcher of the dead was the poison of the devil-stick."
Miss Dallas deposed that she had been engaged to deceased. Prisoner wished to marry her, and was jealous of the late Mr. Alymer. Once or twice he had threatened him. The negress, Dido, was accustomed to hypnotize Mrs. Dallas for nervous headaches. While under the influence of hypnotism Mrs. Dallas would act according to the dictates of Dido. On the night that the devil-stick was stolen from the house of Major Jen, Mrs. Dallas had been hypnotized by Dido. Witness had followed her, and had seen the theft of the stick. Afterward Mrs. Dallas had delivered it into the hands of Dido. Witness never saw the devil-stick again. She had seen Mr. Alymer on the night he was murdered, as he had called to see her. Witness had parted with him at the gates, and had seen him go down the road toward "Ashantee." It was the last time witness saw him. It was well known to witness that Dido was under the influence of Dr. Etwald, on account of the latter possessing the Voodoo stone charm. Dido had manufactured the fresh poison of the devil-stick as a panacea for nervous headache, from which witness suffered. So far as witness knew, deceased was in the best of spirits at the time of his death, and had no intention of putting an end to his life. Witness could swear that prisoner was a bitter and jealous enemy of deceased.
Mrs. Dallas declared that she suffered--like her daughter--from nervous headaches. To cure these she submitted frequently to hypnotic treatment at the hands of Dido, who was gifted with a strong will. On the night the devil-stick was stolen she had been hypnotized, but she did not know what she did while under the influence. While in the trance--as it may be called--she never knew what she did, and she had hitherto had every confidence in Dido, as an old and faithful servant, that she--Dido--would not induce her to do wrong things while hypnotized. She had never seen the devil-stick, either at the house of Major Jen or in her own. The negress had prepared a drug for the cure of headaches, which witness believed was similar--as was judged from the perfume--to the poison contained in the devil-stick. She knew that her daughter wished to marry the deceased, but for certain reasons--not pertinent to the case--she had declined to sanction the engagement. She would not have permitted her daughter to marry Dr. Etwald, as she did not like him or approve of the influence which he exercised over Dido. She knew that prisoner possessed the Voodoo stone, and by means of it could make any member of the black race do his will. Prisoner was a declared enemy of the deceased, as a jealousy existed between them on account of her daughter. In presence of witnesses prisoner had threatened deceased. She knew nothing of the theft of the body.