The trial had continued for three days and had appeared so overwhelmingly one-sided that the spectators who were crowded in the court-room had grown to be violent and bitter partisans, to such an extent that the police watched them closely. The attorneys for the People were dramatic and denunciatory, and forced their case with arrogant confidence. Mason, as counsel for the prisoner, was indifferent and listless. Throughout the entire trial he had sat almost motionless at the table, his gaunt form bent over, his long legs drawn up under his chair, and his weary, heavy-muscled face, with its restless eyes, fixed and staring out over the heads of the jury, was like a tragic mask. The bar, and even the judge, believed that the prisoner's counsel had abandoned his case.
The evidence was all in and the People rested. It had been shown that Nina San Croix had resided for many years in the house in which the prisoner was arrested; that she had lived by herself, with no other companion than an old negro servant; that her past was unknown, and that she received no visitors, save the Mexican sailor, who came to her house at long intervals. Nothing whatever was shown tending to explain who the prisoner was or whence he had come. It was shown that on Tuesday preceding the killing the Archbishop had received a communication from Nina San Croix, in which she said she desired to make a statement of the greatest import, and asking for an audience. To this the Archbishop replied that he would willingly grant her a hearing if she would come to him at eleven o'clock on Friday morning. Two policemen testified that about eight o'clock on the night of Thursday they had noticed the prisoner slip into the gate of Nina San Croix's residence and go down to the side of the house, where he was admitted; that his appearance and seeming haste had attracted their attention; that they had concluded that it was some clandestine amour, and out of curiosity had both slipped down to the house and endeavored to find a position from which they could see into the room, but were unable to do so, and were about to go back to the street when they heard a woman's voice cry out in great anger: "I know that you love her and that you want to get rid of me, but you shall not do it! You murdered him, but you shall not murder me! I have all the evidence to convict you of murdering him! The Archbishop will have it to-morrow! They shall hang you! Do you hear me? They shall hang you for his murder!" that thereupon one of the policemen proposed that they should break into the house and see what was wrong, but the other had urged that it was only the usual lovers' quarrel and if they should interfere they would find nothing upon which a charge could be based and would only be laughed at by the chief; that they had waited and listened for a time, but hearing nothing further had gone back to the street and contented themselves with keeping a strict watch on the house.
The People proved further, that on Thursday evening Nina San Croix had given the old negro domestic a sum of money and dismissed her, with the instruction that she was not to return until sent for. The old woman testified that she had gone directly to the house of her son, and later had discovered that she had forgotten some articles of clothing which she needed; that thereupon she had returned to the house and had gone up the back way to her room,—this was about eight o'clock; that while there she had heard Nina San Croix's voice in great passion and remembered that she had used the words stated by the policemen; that these sudden, violent cries had frightened her greatly and she had bolted the door and been afraid to leave the room; shortly thereafter, she had heard heavy footsteps ascending the stairs, slowly and with great difficulty, as though some one were carrying a heavy burden; that therefore her fear had increased and that she had put out the light and hidden under the bed. She remembered hearing the footsteps moving about up-stairs for many hours, how long she could not tell Finally, about half-past four in the morning, she crept out, opened the door, slipped down stairs, and ran out into the street. There she had found the policemen and requested them to search the house.
The two officers had gone to the house with the woman. She had opened the door and they had had just time to step back into the shadow when the prisoner entered. When arrested, Victor Ancona had screamed with terror, and cried out, "It was no use! it was no use to do it!"
The Chief of Police had come to the house and instituted a careful search. In the room below, from which the cries had come, he found a dress which was identified as belonging to Nina San Croix and which she was wearing when last seen by the domestic, about six o'clock that evening. This dress was covered with blood, and had a slit about two inches long in the left side of the bosom, into which the Mexican knife, found on the prisoner, fitted perfectly. These articles were introduced in evidence, and it was shown that the slit would be exactly over the heart of the wearer, and that such a wound would certainly result in death. There was much blood on one of the chairs and on the floor. There was also blood on the prisoner's coat and the leg of his trousers, and the heavy Mexican knife was also bloody. The blood was shown by the experts to be human blood.
The body of the woman was not found, and the most rigid and tireless search failed to develop the slightest trace of the corpse, or the manner of its disposal. The body of the woman had disappeared as completely as though it had vanished into the air.
When counsel announced that he had closed for the People, the judge turned and looked gravely down at Mason. "Sir," he said, "the evidence for the defence may now be introduced."
Randolph Mason arose slowly and faced the judge.
"If your Honor please," he said, speaking slowly and distinctly, "the defendant has no evidence to offer." He paused while a murmur of astonishment ran over the court-room. "But, if your Honor please," he continued, "I move that the jury be directed to find the prisoner not guilty."
The crowd stirred. The counsel for the People smiled. The judge looked sharply at the speaker over his glasses. "On what ground?" he said curtly.