Counsel for the prosecution, a well-known official of Griqualand West, opened the case in his gravest and most impressive manner. The offence for which the prisoner was to be tried was, he said, although unhappily but too familiar to Kimberley people, one of the gravest in the Colony. One feature of this unhappy case was the position of the prisoner, who, up to the time of the alleged offence, had borne an unimpeachable character, and had been well known as one of the most popular young men in Kimberley. Possibly, this very popularity had furnished the reason for the crime, the cause of the downfall. Popularity, as most men knew, was, in Kimberley, an expensive luxury, and it would be shown that for some time past, Farnborough had moved and lived in a somewhat extravagant set. The learned counsel then proceeded to unfold with great skill the case for the prosecution. Mr Staarbrucker, an old friend of the prisoner, and a gentleman of absolutely unimpeachable testimony, would, with the greatest reluctance, prove that he had by chance found Farnborough in possession of a large and valuable stone, which the prisoner—apparently surprised in the act of admiring it—had alleged, in a confused way, to have been found—in what?—in the interior of a dried crocodile! One of the most painful features of this case would be the evidence of Miss Staarbrucker, who, though with even more reluctance than her brother, would corroborate in every detail the surprising of the prisoner in possession of the stolen diamond. He approached this part of the evidence with extreme delicacy; but, in the interests of justice, it would be necessary to show that a friendship of the closest possible nature, to put it in no tenderer light, had latterly sprung into existence between the prisoner and the young lady in question. Clearly then, no evidence could well be stronger than the testimony, wrung from Miss Staarbrucker with the greatest reluctance and the deepest pain, as to the finding of Farnborough in possession of the diamond, and of the lame and utterly incredible tale invented by him on the spur of the moment, when thus surprised by the brother and sister. The evidence of Mr and Miss Staarbrucker would be closely supported by that of Mr Flecknoe, the well-known Kimberley detective, who had made the arrest Mr Staarbrucker, it would be shown, had urged upon the prisoner for two entire days the absolute necessity of giving up and “declaring” the stone. Finally, certain grave suspicions had, chiefly from the demeanour of Farnborough, forced themselves into his mind. One more interview he had with the prisoner, and then, upon his again declining absolutely to take the only safe and proper course open to him, Mr Staarbrucker had, for his own protection, proceeded to the detective department and himself informed the authorities of the presence of the stone. No man could have done more for his friend. He had risked his own and his sister’s safety for two days—he could do no more. The prisoner’s statement to the Staarbruckers and to Mr Flecknoe was that the crocodile skin came from the Mahalapsi River in North Bechuanaland, and that the stone must have been picked up and swallowed by the living reptile somewhere in those regions. He, counsel, need hardly dwell upon the wildness, the ludicrous impossibility, of such a theory. Three witnesses of the highest credibility and reputation, well known in Kimberley, and in the markets of London and Amsterdam, as experts in diamonds, would declare upon oath that the so-called “Mahalapsi Diamond”—the learned counsel rolled out the phrase with a fine flavour of humorous disdain—came, not from the far-off borders of the Bechuanaland river, but from the recesses of the De Beers mine—from Kimberley itself!

(It is perfectly well known in South Africa that diamond experts can at once pick out a particular stone and indicate its mine of origin. Practice has created perfection in this respect, and stones, whether from De Beers, Du Toit’s Pan, Bultfontein, the Kimberley mine, or the Vaal River, can be at once identified.)

Here there was a visible “sensation” (that mysterious compound of shifting, whispering, and restless movement) in court. “Yes,” continued the advocate, “the stone is beyond all shadow of a doubt a De Beers stone. It is not registered. The prisoner has no title to it; the diamond is a stolen diamond; and if, as I have little doubt, I shall succeed in proving my facts to you clearly and incontestably, the prisoner must take the consequences of his guilt. If indeed he be guilty, then let justice, strict but not vindictive justice, be done. Kimberley, in spite of the severest penalties, the most deterrent legislation, is still eaten up and honeycombed by the vile and illicit traffic in diamonds.”

The advocate warmed to his peroration, and, as he was a holder of De Beers shares, he naturally felt what he said. The court was already becoming warm. He took out his handkerchief and wiped his brow. It is hot work delivering an important speech in South Africa. “In the name of Heaven, I say,” he continued, striking the desk with his clenched fist, “let us have done with this vile and monstrous traffic, that renders our city—one of the foremost cities in South Africa—a byword and a laughing-stock among the nations.”

Otto Staarbrucker was the first witness called. He gave his evidence with great clearness, and conveyed, with consummate skill, the impression of his extreme reluctance and pain at having thus brought his former friend into trouble. Only the natural instinct of self-protection, on behalf of himself and his sister, and the absolute refusal of the prisoner to “declare” the diamond, had induced him to take the extreme step of informing the authorities. One item, and that an important one, was added to the evidence tendered by him upon the occasion of the prisoner’s committal. He had omitted then to state that on two evenings, shortly before his discovery of the diamond in Farnborough’s possession, he had seen the prisoner, not far from the house, in earnest conversation with a native. The time was evening, and it was dark, and he was unable to positively identify the “boy.” This evidence, as was suggested by counsel for the prosecution, tended manifestly to couple the prisoner with a native diamond thief, and thereby to tighten the damning chain of evidence now being wound about him. Staarbrucker suffered it to be extracted from him with an art altogether admirable. He had not mentioned the fact at the former hearing, thinking it of trifling importance. The prosecuting advocate, on the contrary, exhibited it with manifest care and parade, as a most important link in the case.

This piece of evidence, it may be at once stated, was a bit of pure and infamous invention on Otto’s part, an afterthought suggested by seeing Frank once give an order to a native groom. In the hands of himself and a clever advocate it did its work.

In cross-examination, Otto Staarbrucker suffered very little at the hands of the defending advocate, skilful though the latter proved himself. The prisoner’s theory (and indeed, perfectly true story) of his, Staarbrucker’s, repeated offers of a prospecting partnership, and of his ultimate rage and vexation upon Frank’s refusal, he treated with an amused, slightly contemptuous surprise. The man was a finished actor, and resisted all the assaults of counsel upon this and other points of the story with supreme skill and coolness. The touch of sympathy for the prisoner, too, was never lost sight of. Frank Farnborough, as he glared fiercely at this facile villain, reeling off lie after lie with damning effrontery, felt powerless. What could he do or say against such a man? To express the burning indignation he felt, would be but to injure his case the more fatally. With difficulty indeed, while he felt his fingers tingling to be at the slanderer’s throat, he restrained himself, as Otto’s calm eye occasionally wandered to his, expressing, as plainly as might be for the benefit of all present, its sympathy and sorrow at the unfortunate situation of his former friend.

The next witness called was “Miss Nina Staarbrucker.” Again there was a manifest sensation. Miss Staarbrucker was well known in Kimberley, and every eye turned in the direction of the door. There was some delay; at length a passage was made through the crowded court, and Nina appeared.

Before she steps into the witness-box it may be well to explain Nina’s attitude and feelings from the morning of the day upon which Frank’s arrest had been made.

After cooling down somewhat from the paroxysm of rage and revenge, which had impelled him to turn traitor upon his friend, and deliver him into the none too tender hands of the detective authorities, Otto Staarbrucker had suffered a strong revulsion of feeling. He regretted, chiefly for his own ease and comfort, the rash step he had taken, and would have given a good deal to retrace it. But the die was irrevocably cast; having chosen his path, he must perforce follow it.