Meanwhile, preparations went on in England for Guy’s approaching trial. The magistrates committed; the grand jury, of course, found a true bill; all England rang with the strange news that the man Guy Waring, the murderer of Mr. Montague Nevitt some eighteen months before, had returned at last of his own free will, and had given himself up to take his trial. Gildersleeve was to be the judge, they said; or if he were too ill, Atkins. Atkins was as sure as a gun to hang him, people thought—that was Atkins’s way—and, besides, the evidence against the man, though in a sense circumstantial, was so absolutely overwhelming that acquittal seemed impossible.
Five to two was freely offered on Change that they’d hang him.
The case was down for first hearing at the assizes. The night before the trial Elma Clifford, who had hurried to Devonshire with her mother to see and hear all—she couldn’t help it, she said; she felt she MUST be present—Elma Clifford looked at the evening paper with a sickening sense of suspense and anxiety. A paragraph caught her eye: “We understand that, after all, Mr. Justice Gildersleeve still finds himself too unwell to return to England for the Western Assizes, and his place will, therefore, most probably be taken by Mr. Justice Atkins. The calendar is a heavy one, and includes the interesting case of Mr. Guy Waring, charged with the wilful murder of Montague Nevitt, at Mambury, in Devonshire.”
Elma laid down the paper with a swimming head. Too ill to return. She wasn’t at all surprised at it. It was almost more than human nature could stand, for a man to sit as judge over another to investigate the details of the crime he had himself committed. But the suggestion of his absence ruined her peace of mind. She couldn’t sleep that night. She felt sure now there was no hope left. Guy would almost certainly be convicted of murder.
Next morning she took her seat in court, with her mother and Cyril, as soon as the assize hall was opened to the public. But her cheek was very pale, and her eyes were weary. Places had been assigned them by the courtesy of the authorities, as persons interested in the case; and Elma looked eagerly towards the door in the corner, by which, as the usher told her, the judge was to enter. There was a long interval, and the usual unseemly turmoil of laughing and talking went on among the spectators in the well below. Some of them had opera-glasses and stared about them freely. Others quizzed the counsel, the officers, and the witnesses. Then a hush came over them, and the door opened. Cyril was merely aware of the usual formalities and of a judicial wig making its way, with slow dignity, to the vacant bench. But Elma leaned forward in a tumult of feeling. Her face all at once turned scarlet with excitement.
“What’s the matter, darling?” her mother asked, in a sympathetic tone, noticing that something had profoundly stirred her.
And Elma answered with bated breath, in almost inarticulate tones, “Don’t you see? Don’t you see, mother? Just look at the judge! It’s himself! It’s Sir Gilbert!”
And so indeed it was. Against all hope, he had come over. At the very last moment a telegram had been handed to the convalescent at Spa:
“Fallen from my horse. A nasty tumble. Sustained severe internal injuries. Impossible to go the Western Circuit, Relieve me if you can. Wire reply,—ATKINS.”
Sir Gilbert, as he received it, had just come in from a long ride across the wild moors that stretch away from Spa towards Han, and looked the picture of health, robust and fresh and ruddy. He glowed with bodily vigour; no suspense could kill him. Refusal under such circumstances was clearly impossible. He saw he must go, or resign his post at once. So, with an agitated heart, he wired acquiescence, took the next train to—Brussels and Calais, and caught the Dover boat just in time for acceptance. And now he was there to try Guy Waring for the murder of the man he himself had killed in The Tangle at Mambury.