Mr. England bit his lip, but he 'bowed, of course, to his Honour's ruling,' and proceeded to call his witnesses.
Then commenced the deeper interest of the performance. Every spectator appeared to listen with concentrated attention. Not a syllable escaped attention. Not a sound arose from the dense and closely packed crowd.
All the former witnesses were called. Each in his turn gave evidence which appeared to be so conclusively in favour of the prisoner that every one in court thought with Mr. England that the jury would never leave the box. Mr. Stirling, Jack Polwarth, Mrs. Delf, all testified to the effect that Lance Trevanion had quitted Growlers' on that particular day, Friday, the 20th September, for Balooka. When asked whether it was possible for the prisoner, Trevanion, to have been seen at Balooka shortly before the date named, they, with one accord, declared it to be impossible. He had been seen every day by one or other for months before. As to his being a couple of hundred miles off, it was absolutely false and incredible. In addition to the witnesses heard previously, two miners named Dickson and Judd were called, who swore positively that they had seen the prisoner, Trevanion, on Friday, 20th September, near 'Growlers',' evidently commencing a journey to the eastward. He had a valise strapped before his saddle, and was going along the mountain road.
'Would it lead to Balooka?'
'Yes; that was the way to Balooka. One of them had been there, and a rough shop it was. They were quite positive as to his identity.'
'He was a noticeable chap, and the horse he rode wasn't a commoner either. Any man with eyes in his head would know the pair of 'em anywhere, let alone chaps as had worked the next claim but one to him and Jack Polwarth.'
Asked whether they were quite certain that they had met the prisoner on the day stated by them, or whether they thought it might have been the day before.
'It was that very Saturday morning, and no other. They were as sure of it as of their own lives. If men couldn't be sure of that they could not be sure of anything.'
Of course they knew Lance Trevanion well?
'Yes, very well, by sight. Not that they had often spoken to him. He was a gentleman, a big man in his own country, they heard tell. He kept himself a deal to himself, except in regard to the Lawless family, and he would have done well to have let them alone too.'