Walter sat and watched and listened, still in a dream, but without once betraying in his face the real depth of his innermost feelings. In the body of the court he saw Joe's wife, weeping profusely and ostentatiously, after the fashion considered to be correct by her class; and though he pitied her from the bottom of his heart, he could only think by contrast of Christina. What were that good woman's fears and sorrows by the side of the grief and shame and unspeakable horror he might have to bring upon his Christina? Pray Heaven the shock, if it came, might kill her outright; that would at least be better than that she should live long years to remember. More than judge, or jury, or prisoner, Walter Dene saw everywhere, behind the visible shadows that thronged the court, that one persistent prospective picture of heart-broken Christina.
The evidence for the prosecution told with damning force against the prisoner. He was a notorious poacher; the vicar was a game-preserver. He had poached more than once on the ground of the vicarage. He was shown by numerous witnesses to have had an animus against the vicar. He had been seen, not in the face, to be sure, but still seen and recognized, slinking away, immediately after the fact, from the scene of the murder. And the prosecution had found stains of blood, believed by scientific experts to be human, on the clothing he had worn when he was arrested. Walter Dene listened now with terrible, unabated earnestness, for he knew that in reality it was he himself who was upon his trial. He himself, and Christina's happiness; for if the poacher were found guilty, he was firmly resolved, beyond hope of respite, to tell all, and face the unspeakable.
The defence seemed indeed a weak and feeble theory. Somebody unknown had committed the murder, and this somebody, seen from behind, had been mistaken by John for Joe Harley. The blood-stains need not be human, as the cross-examination went to show, but were only known by counter-experts to be mammalian—perhaps a rabbit's. Every poacher—and it was admitted that Joe was a poacher—was liable to get his clothes blood-stained. Grant they were human, Joe, it appeared, had himself once shot off his little finger. All these points came out from the examination of the earlier witnesses. At last, counsel put the curate himself into the box, and proceeded to examine him briefly as a witness for the defence.
Walter Dene stepped, pale and haggard still, into the witness-box. He had made up his mind to make one final effort "for Christina's happiness." He fumbled nervously all the time at a small glass phial in his pocket, but he answered all questions without a moment's hesitation, and he kept down his emotions with a wonderful composure which excited the admiration of everybody present. There was a general hush to hear him. Did he see the prisoner, Joseph Harley, on the day of the murder? Yes, three times. When was the first occasion? From the library window, just before the vicar left the house. What was Joseph Harley then doing? Walking in the opposite direction from the copse. Did Joseph Harley recognize him? Yes, he touched his hat to him. When was the second occasion? About ten minutes later, when he, Walter, was leaving the vicarage for a stroll. Did Joseph Harley then recognize him? Yes, he touched his hat again, and the curate said, "Good morning, Joe; a fine day for walking." When was the third time? Ten minutes later again, when he was returning from the lane, carrying wounded little King Charlie. Would it have been physically possible for the prisoner to go from the vicarage to the spot where the murder was committed, and back again, in the interval between the first two occasions? It would not. Would it have been physically possible for the prisoner to do so in the interval between the second and third occasions? It would not.
"Then in your opinion, Mr. Dene, it is physically impossible that Joseph Harley can have committed this murder?"
"In my opinion, it is physically impossible."
While Walter Dene solemnly swore amid dead silence to this treble lie, he did not dare to look Joe Harley once in the face; and while Joe Harley listened in amazement to this unexpected assistance to his case—for counsel, suspecting a mistaken identity, had not questioned him too closely on the subject—he had presence of mind enough not to let his astonishment show upon his stolid features. But when Walter had finished his evidence in chief, he stole a glance at Joe; and for a moment their eyes met. Then Walter's fell in utter self-humiliation; and he said to himself fiercely, "I would not so have debased and degraded myself before any man to save my own life—what is my life worth me, after all?—but to save Christina, to save Christina, to save Christina! I have brought all this upon myself for Christina's sake."
Meanwhile, Joe Harley was asking himself curiously what could be the meaning of this new move on parson's part. It was deliberate perjury, Joe felt sure, for parson could not have mistaken another person for him three times over; but what good end for himself could parson hope to gain by it? If it was he who had murdered the vicar (as Joe strongly suspected), why did he not try to press the charge home against the first person who happened to be accused, instead of committing a distinct perjury on purpose to compass his acquittal? Joe Harley, with his simple everyday criminal mind, could not be expected to unravel the intricacies of so complex a personality as Walter Dene's. But even there, on trial for his life, he could not help wondering what on earth young parson could be driving at in this business.
The judge summed up with the usual luminously obvious alternate platitudes. If the jury thought that John had really seen Joe Harley, and that the curate was mistaken in the person whom he thrice saw, or was mistaken once only out of the thrice, or had miscalculated the time between each occurrence, or the time necessary to cover the ground to the gate, then they would find the prisoner guilty of wilful murder. If, on the other hand, they believed John had judged hastily, and that the curate had really seen the prisoner three separate times, and that he had rightly calculated all the intervals, then they would find the prisoner not guilty. The prisoner's case rested entirely upon the alibi. Supposing they thought there was a doubt in the matter, they should give the prisoner the benefit of the doubt. Walter noticed that the judge said in every other case, "If you believe the witness So-and-so," but that in his case he made no such discourteous reservation. As a matter of fact, the one person whose conduct nobody for a moment dreamt of calling in question was the real murderer.
The jury retired for more than an hour. During all that time two men stood there in mortal suspense, intent and haggard, both upon their trial, but not both equally. The prisoner in the dock fixed his arms in a dogged and sullen attitude, the colour half gone from his brown cheek, and his eyes straining with excitement, but showing no outward sign of any emotion except the craven fear of death. Walter Dene stood almost fainting in the body of the court, his bloodless fingers still fumbling nervously at the little phial, and his face deadly pale with the awful pallor of a devouring horror. His heart scarcely beat at all, but at each long slow pulsation he could feel it throb distinctly within his bosom. He saw or heard nothing before him, but kept his aching eyes fixed steadily on the door by which the jury were to enter. Junior counsel nudged one another to notice his agitation, and whispered that that poor young curate had evidently never seen a man tried for his life before.