The prosecution was represented by two well known attorneys who had brought a dozen witnesses to support their charge, among them being the Austrian consul. The case opened with the statement that the prisoner, Jackson Dowd Andrews, alias A. Jones, while a guest at the villa of the Countess Ahmberg, near Vienna, had stolen from his hostess a valuable collection of pearls, which he had secretly brought to America. Some of the stolen booty the prisoner had disposed of, it was asserted; a part had been found in his possession at the time of his arrest; some of the pearls had been mounted by Brock & Co., the Los Angeles jewelers, at his request, and by him presented to several acquaintances he had recently made but who were innocent of any knowledge of his past history or his misdeeds. Therefore the prosecution demanded that the prisoner be kept in custody until the arrival of extradition papers, which were already on the way, and that on the arrival of these papers Andrews should be turned over to Le Drieux, a representative of the Vienna police, and by him taken to Austria, the scene of his crime, for trial and punishment.
The judge followed the charge of the prosecution rather indifferently, being already familiar with it. Then he asked if there was any defense.
Colby took the floor. He denied that the prisoner was Jackson Dowd Andrews, or that he had ever been in Vienna. It was a case of mistaken identity. His client's liberty had been outraged by the stupid blunders of the prosecution. He demanded the immediate release of the prisoner.
"Have you evidence to support this plea?" inquired Judge Wilton.
"We have, your honor. But the prosecution must first prove its charge."
The prosecution promptly responded to the challenge. The photograph of Andrews, taken abroad, was shown. Two recognized experts in physiognomy declared, after comparison, that it was undoubtedly the photograph of the prisoner. Then Le Drieux took the stand. He read a newspaper account of the robbery. He produced a list of the pearls, attested by the countess herself. Each individual pearl was described and its color, weight and value given. Then Le Drieux exhibited the pearls taken from Jones and, except for the small ones in the brooch which had been presented to Mrs. Montrose, he checked off every pearl against his list, weighing them before the judge and describing their color.
During this, Judge Wilton continually nodded approval. Such evidence was concise and indisputable, it seemed. Moreover, the defense readily admitted that the pearls exhibited had all been in Jones' possession.
Then Colby got up to refute the evidence.
"Mr. Jones," he began, "has—"
"Give the prisoner's full name," said the judge.