As to the shot that had missed Balfame and entered the tree: it was either by one of those coincidences more frequent in fact than in fiction that another enemy of Balfame's had been lurking in the grove, intent upon murder; or the bullet hole was older than they had inferred. The idea of a lover they scoffed at openly. And it was one of the established facts, as they reminded their sisters of the press, that the worst women in history had looked like angels, statues or babies; they had also possessed powerful sex magnetism, and this the handsome defendant wholly lacked.
The theory of the women reporters was far simpler. She hadn't done it and that was the end of it.
The judge, a tall imposing man with inherited features and accumulated flesh, very stately and remote in his flowing silk gown, looked unspeakably bored for three days, but was visibly hopeful as he swept up to his seat on the rostrum on Thursday morning. As the justice for Brabant, Mr. Bascom, had not been on speaking terms with the deceased, and as his wife was one of the defendant's closest friends, an eminent Supreme Court justice from one of the large neighbouring cities had been assigned to the case.
The reporters of the evening newspapers, were packed closely about a long table parallel with the one just below the jury-box, and behind were four or five smaller tables dedicated to the morning stars. A large number of favoured spectators had found seats within the railings, but a passage was kept open for the boys who came up at regular intervals to get copy from the "evening table" for the telegraph operator below stairs.
Broderick's seat beneath the rostrum commanded both the witness-box and Mrs. Balfame. He had used his influence to have Alys Crumley assigned to the position of artist for the Woman's Page of the News, and she and Sarah Austin shared a chair.
The trial began. Dr. Lequer established the fact of the death, described the course of the bullet, demonstrating that it had been fired by some one concealed in the grove. A surveyor followed and exhibited to the jury a map of the house and grounds. Three of the younger members of the Country Club, Mr. John Bradshaw Battle, cashier of the Elsinore Bank; Mr. Lemuel Cummack, son of Elsinore's esteemed citizen, Mr. Sam Cummack; and Mr. Leonard Corfine, a commuter, had been subpœnaed after a matching of wits. Overawed by the solemnity of the oath, they gave a circumstantial account of the quarrel which had preceded the murder but a few hours—all, in spite of constant interruptions from the defendant's counsel, conveying the impression, however unwillingly, that Mrs. Balfame had been livid with wrath and the man who had been her husband insufferable. It was a master-stroke of the district attorney to open his case with the damaging testimony of two members of the loyal Elsinore families. As for Mr. Corfine, although born and brought up without the pale, he had been graciously received upon electing to build his nest in Elsinore and his young wife was one of Mrs. Balfame's meekest admirers.
Mr. Broderick muttered, "H'm! H'm!" and Mr. Bruce squirmed round from the "evening table" and jerked his eyebrows at his senior. "Bad! Bad!" muttered Mr. Broderick's neighbour. "But watch her nerve. Can you beat it? She hasn't batted an eyelash."
Two former servants that had preceded Frieda in the Balfame menage testified that the household consisted of three people only, the master and mistress and the one in help. A gardener came three times a week in the morning. No, none of the old spare rooms was now furnished, and the Balfames never had had visitors overnight.
The prosecution rested, and Mr. Rush approached the bar according to usage and asked that the case be dismissed. The judge ruled that it should proceed; and immediately after the noon recess the first witness for the defence was called. This was Mr. Cummack, and he testified vigorously to the harmonious relations of the deceased and his amiable wife; that Mrs. Balfame—who was always pale—had treated the episode out at the Club in the casual manner observed by all seasoned and intelligent wives, the conversation over the telephone in his house proving that the domestic heavens were swept clean of storm-clouds; and that the deceased had departed for his home quite happy and singing at the top of his lungs. He had often remarked jocularly (his was a cheery and jocular temperament) that he expected to die with his boots on, especially since he had taken to bawling Tipperary in the face of American Germany.
It is not to be imagined that Mr. Cummack was able to deliver himself of this valuable testimony without frequent and indignant interruptions from the district attorney, whose "irrelevant, incompetent and immaterial" rang through the courtroom like the chorus of a Gilbert and Sullivan opera. Mr. Gore, a wasp of a man with snapping black eyes and a rasping voice emitted through his higher nasal passages, succeeded in having much of this testimony stricken out, but not before the wily Mr. Rush, who stood on tiptoe, as alert and nervous as a race horse at the grandstand, had by his adroit swift questions fairly flung it into the jury-box. It was of the utmost importance with an obstinate provincial jury to establish at once a favourable general impression of the prisoner.