Of how much Hew Montgomerie was his evil genius, Cecil Falconer knew not, nor had the least suspicion. Yet he looked around the many faces in court more than once, expecting to see his parti-coloured eyes regarding him with exultation; but that worthy was miles away from the spot. Among the spectators he saw many legal men, in black with white ties, who had come up from the Parliament House—that provincial 'gossip shop'—to stare, whisper, and make severe comments, which certainly were sometimes called for; and to draw somewhat invidious comparisons between the modes of administering civil and military law.
When the minds of those who compose any court are fully made up as to the guilt of the prisoner, and know the sentence that must be passed in conformity to certain iron rules laid down by law and custom, the proceedings are usually summary enough, and so it was in the case of Cecil Falconer.
Doubt of his guilt or error there seemed to be none; most of those composing the court had been at the ball in question, and were more or less cognisant of the bewildering catastrophe; but all that Cecil and Leslie Fotheringhame, as his friend and adviser, desired to bring before the listeners, were the simple facts that he had just been dancing—that hence some strange giddiness might have come upon him in consequence; of the wine he had taken but a single glass, as they could easily prove; and they desired to argue these simple points earnestly, in the hope of modifying the opinion of the tribunal, and Fotheringhame wished to put a question to the lieutenant-colonel commanding, as ex-officio prosecutor.
'Stop, sir, please,' said a member of the court—Brevet-Major Hammer of the Royal Artillery, a fiery-eyed little man with grey spectacles and red nose—a man who had crammed at Woolwich, and was up to the ears in military law, though ignorant of all the principles thereof; 'this would seem to be a leading question, and, according to Hough on courts-martial, such questions cannot be allowed.'
On this subject there ensued much difference of opinion, and Major Rammer made some notes thereon with a dry pen.
'Clear the court!' cried the president in consequence, and there was a general exodus of the audience.
'What utter stuff this is!' said Falconer to the adjutant, as they smoked a cigar outside, while the fourteen members of the court, the president and the deputy-judge advocate, seemed to be all speaking and wrangling at once; and after some twenty minutes' deliberation the court was re-opened, and all the audience trooped in again.
The question was voted 'irregular,' though neither Fotheringhame nor Falconer had stated what it was to have been; so, as the former was about to propose another:
'We are here, sir, to try Captain Falconer, not you?' said Major Rammer, snappishly; 'not you, sir, remember.'
'Of that circumstance I do not require to be reminded,' replied Fotheringhame, haughtily; 'yet I do not see why the prisoner, or I as his friend, may not question the prosecutor as to——'