Each of the succeeding witnesses declared without hesitation that the prisoner was the woman they had seen near the scene of the murder, either just before or shortly after the deed was discovered. As one after the other was dismissed by the defense, upon insisting under cross-examination that he could not possibly be mistaken, the faces of the government counsel beamed with satisfaction, while those of the spectators assumed the blankness of mystification. What was the strange lawyer there for? they whispered among themselves, and many turned toward the prisoner as though to ascertain whether she realized how surely her life was being sworn away. In his opening address the prosecuting attorney had said:
"On the second day of last November, a woman residing in this town, young, rich, and notorious for her gay and reckless career, was found murdered in her bed at half past eight at night. Everything about the room was in perfect order. There had been no robbery, and the instrument used was found in her breast, where it had been driven to the heart. It was a gold ornament, such as a woman wears in her hair.
"We shall not attempt to defend the character of the dead woman, but we shall ask that justice be done.
"It is true that many a woman in this town had good reason to wish the murdered woman ill. It is true that there are men in the community who might have been driven by desperate hate, desperate love, or desperate jealousy, to do the deed, but, fortunately, before cruel suspicion made any blunder of that sort the police discovered the criminal. Almost simultaneously with the rumors of the murder came the reports of a mysterious woman found leaving the city. Within twelve hours this woman, who now stands at the bar, had been identified by no less than four people, who saw her in the vicinity of the scene of the crime either before or after it was committed.
"No one knew her. She refused to give any account of herself. She appeared to be in a state of great nervous excitement. The government will show that she entered the house shortly before the murder was committed; that she left it a few minutes after the deed was done; that on the very day of the murder she had high words with the dead woman, and that the instrument with which the deed was done was such an one as the prisoner was known to possess. Gentlemen of the jury," he concluded dramatically, "Fate plays no tricks of that sort. Fate fashions no such chain of circumstantial evidence as that which establishes the guilt of this woman and upon which we ask her conviction."
These were his words, and now that the janitor had testified that he saw the prisoner enter the building, a patrolman had declared that he saw her leaving it within fifteen minutes before the crime was discovered, and the dead woman's coachman had sworn to having overheard the prisoner using threatening language to his mistress,—after this and other circumstantial evidence had gone before the jury and remained unshaken by cross-examination, the prosecution announced that the case for the government was in.
In spite of the disappointment with which the spectators regarded Lawyer McWhorter, a nervous dread of the man possessed the minds of the opposing counsel, as he rose slowly and deliberately clasped his hands behind him. He was so calm. His methods were so unfathomable that they began to feel a vague conviction that he mastered them and their methods, while to them he was a closed book.
A moment he stood silent, and when he spoke, utter consternation fell upon the court. The words were the last they had expected.
"Your honor, the defense has no evidence to offer."
Even the court could scarce control its amazement. Inch by inch the ground upon which the prisoner stood had been carried away, until now nothing but the personal appeal of her counsel could save her life. Was this possible? Did this young stranger really possess that rare eloquence, that fatal magnetism, that sometimes blind strong men to all sense of reason and right? Did even he hope to save his client? His looks betrayed nothing. As he took his seat his face was that of a sphinx.