The president looked round in surprise, and Carruthers took advantage of the pause to interpose an objection.
“Is such a course regular, Sir Harry?” He too had become conscious at last of Sir Terence’s relentless hostility to the accused. “The court has been given an opportunity of examining those witnesses, the accused has declined to call any on his own behalf, and the prosecution has already closed its case.”
Sir Harry considered a moment. He had never been very clear upon matters of procedure, which he looked upon as none of a soldier’s real business. Instinctively in this difficulty he looked at Lord Wellington as if for guidance; but his lordship’s face told him absolutely nothing, the Commander-in-Chief remaining an impassive spectator. Then, whilst the president coughed and pondered, Major Swan came to the rescue.
“The court,” said the judge-advocate, “is entitled at any time before the finding to call or recall any witnesses, provided that the prisoner is afforded an opportunity of answering anything further that may be elicited in re-examination of these witnesses.”
“That is the rule,” said Sir Terence, “and rightly so, for, as in the present instance, the prisoner’s own statement may make it necessary.”
The president gave way, thereby renewing Miss Armytage’s terrors and shaking at last even the prisoner’s calm.
Sergeant Flynn was the first of the witnesses recalled at Sir Terence’s request, and it was Sir Terence who took up his re-examination.
“You said, I think, that you were standing in the guardroom doorway when Captain Tremayne passed you at twenty minutes to twelve on the night of the 28th?”
“Yes, sir. I had turned out upon hearing the curricle draw up. I had come to see who it was.”
“Naturally. Well, now, did you observe which way Captain Tremayne went?—whether he went along the passage leading to the garden or up the stairs to the offices?”