It was late in the afternoon, and twilight was gradually stealing over the dingy court, when the case was called. The special jury answered to their names, were duly sworn, and then nearly the same preliminary speeches and admissions were made and put in as on the previous occasion. Thomas Headley, the first witness called in support of the pretended will, underwent a rigorous cross-examination; but I was unable to extract anything of importance from him.
"And now," said the defendant's leading counsel, "let me ask my learned friend if he has succeeded in obtaining the attendance of Elizabeth Wareing?"
I was of course obliged to confess that we had been unable to find her; and the judge remarked that in that ease he could receive secondary evidence in proof of her attestation of the will.
A whispered but manifestly eager conference here took place between the defendant and his counsel, occasionally joined in by Edward Wareing. There appeared to be indecision or hesitation in their deliberations; but at last Mr. P —— rose, and with some ostentation of manner addressed the court.
"In the discharge of my duty to the defendant in this action, my lord, upon whose fair fame much undeserved obloquy has been cast by the speeches of the plaintiff's counsel—speeches insupported by a shadow of evidence—I have to state that, anxious above all things to stand perfectly justified before his neighbors and society, he has, at great trouble and expense, obtained the presence here to-day of the witness Elizabeth Wareing. She had gone to reside in France with a respectable English family in the situation of housekeeper. We shall now place her in the witness-box, and having done so, I trust we shall hear no more of the slanderous imputations so freely lavished upon my client. Call Elizabeth Wareing into court."
A movement of surprise and curiosity agitated the entire auditory at this announcement. Mr. Silas Thorndyke's naturally cadaverous countenance assumed an ashy hue, spite of his efforts to appear easy and jubilant; and for the first time since the commencement of the proceedings I entertained the hope of a successful issue.
Mrs. Wareing appeared in answer to the call, and was duly sworn "to tell the truth, the whole truth, and nothing but the truth." She was a good-looking woman, of perhaps forty years of age, and bore a striking resemblance to her son. She rapidly, smoothly, and unhesitatingly confirmed the evidence of Headley to a tittle. She trembled, I observed, excessively; and on the examining counsel intimating that he had no more questions to ask, turned hastily to leave the box.
"Stay—stay, my good woman," I exclaimed; "you and I must have some talk together before we part."
She started, and looked at me with frightened earnestness; and then her nervous glances stole towards Mr. Silas Thorndyke. There was no comfort there: in his countenance she only saw the reflex of the agitation and anxiety which marked her own. Sleek Silas, I could see, already repented of the rash move he had made, and would have given a good deal to get his witness safely and quietly out of court.
It was now nearly dark, and observing that it was necessary the court and jury should see as well as hear the witness whilst under examination, I requested that lights should be brought in. This was done. Two candles were placed in front of the witness-box, one on each side of Mrs. Wareing; a few others were disposed about the bench and jury desks. The effect of this partial lighting of the gloomy old court was, that the witness stood out in strong and bright relief from the surrounding shadows, rendering the minutest change or play of her features distinctly visible. Mr. Silas Thorndyke was, from his position, thrown entirely into the shade, and any telegraphing between him and the witness was thus rendered impossible. This preparation, as if for some extraordinary and solemn purpose, together with the profound silence which reigned in the court, told fearfully, as I expected, upon the nerves of Mrs. Elizabeth Wareing. She already seemed as if about to swoon with agitation and ill-defined alarm.