The impanelling of the Jury was the first step to be taken. This was quickly done, too, for, to general surprise, Mr. Greenlee, who had undertaken to defend Comston, offered no objection to any juror, if he only had a fair measure of common sense. He did not, evidently, care for the character of the jury, and did not appear to manifest the least uneasiness or anxiety. He was calm and collected, as though he had no fears as to the final result. People looked at him in astonishment, but the lawyer paid no attention to their amazement. Blicker cast suspicious glances at him. Clara was sitting in the bar near her husband, seemingly in deep distress. But when she occasionally looked at Greenlee’s calm face, her hope revived. Ernest was also present, and did not seem to be anxious. Greenlee, instead of trying to retard the progress of the case, manifested a willingness to hasten it forward. His whole manner was surprising to the District Attorney, who was under the impression that a verdict of condemnation must be the inevitable result.
At length, the indictment was read, and then followed the examination of witnesses. The first was Blicker, who stated the circumstances that were favorable to his own case, with which the reader is acquainted. The two men were then introduced who had seen Comston dragging the dead man under the trees. They also stated the language which the criminal had employed. This united testimony appeared to be conclusive. The spectators, who were generally in sympathy with the accused, looked solemn. All had hoped that the trial itself would develop something that would be favorable to Comston. No one wanted him punished. But how could he escape in the face of such overwhelming evidence?
A long-drawn sigh was heard at Comston’s side. It came from Clara, who seemed suddenly to give way to despair. Again, she turned her head, and looked at Ernest. Could she be mistaken? Was there not a perceptible smile upon his face? She then glanced at Greenlee. His countenance wore the same serene, imperturbable expression. There was a short pause in the proceedings when the Prosecutor said:
“We have no more witnesses. I do not know,” he continued with an air of triumph, “why Mr. Greenlee foregoes his privilege of cross-examining the witnesses for the State. He can do so yet, if he wishes. I would prefer that he should do it.”
“Their testimony,” replied Greenlee, “can go to the jury for what it is worth.”
“Do you mean to insinuate that it is worth nothing?” asked the District Attorney.
“Has the counsel for the defense,” interrupted His Honor, “no witnesses?”
Every one expected to hear a sorrowful “no.” But what was the universal astonishment and joy, when Greenlee quietly replied:
“We have one.”