CHAPTER XVI. THE EVIDENCE
The board of officers convened by Marshal Beresford to form the courtthat was to try Captain Tremayne, was presided over by General Sir HarryStapleton, who was in command of the British troops quartered in Lisbon.It included, amongst others, the adjutant-general, Sir Terence O'Moy;Colonel Fletcher of the Engineers, who had come in haste from TorresVedras, having first desired to be included in the board chiefly onaccount of his friendship for Tremayne; and Major Carruthers. Thejudge-advocate's task of conducting the case against the prisoner wasdeputed to the quartermaster of Tremayne's own regiment, Major Swan.
The court sat in a long, cheerless hall, once the refectory of theFranciscans, who had been the first tenants of Monsanto. It wasstone-flagged, the windows set at a height of some ten feet from theground, the bare, whitewashed walls hung with very wooden portraits oflong-departed kings and princes of Portugal who had been benefactors ofthe order.
The court occupied the abbot's table, which was set on a shallow dais atthe end of the room--a table of stone with a covering of oak, over whicha green cloth had been spread; the officers--twelve in number, besidesthe president--sat with their backs to the wall, immediately under theinevitable picture of the Last Supper.
The court being sworn, Captain Tremayne was brought in by theprovost-marshal's guard and given a stool placed immediately before anda few paces from the table. Perfectly calm and imperturbable, he salutedthe court, and sat down, his guards remaining some paces behind him.
He had declined all offers of a friend to represent him, on the groundsthat the court could not possibly afford him a case to answer.
The president, a florid, rather pompous man, who spoke with a faintlisp, cleared his throat and read the charge against the prisoner fromthe sheet with which he had been supplied--the charge of having violatedthe recent enactment against duelling made by the Commander-in-Chiefof his Majesty's forces in the Peninsula, in so far as he had fought:a duel with Count Jeronymo de Samoval, and of murder in so far as thatduel, conducted in an irregular manner, and without any witnesses, hadresulted in the death of the said Count Jeronymo de Samoval.
"How say you, then, Captain Tremayne?" the judge-advocate challengedhim. "Are you guilty of these charges or not guilty?"
"Not guilty."
The president sat back and observed the prisoner with an eye that wasofficially benign. Tremayne's glance considered the court and met theconcerned and grave regard of his colonel, of his friend Carruthers andof two other friends of his own regiment, the cold indifference of threeofficers of the Fourteenth--then stationed in Lisbon with whom he wasunacquainted, and the utter inscrutability of O'Moy's rather loweringglance, which profoundly intrigued him, and, lastly, the officialhostility of Major Swan, who was on his feet setting forth the caseagainst him. Of the remaining members of the court he took no heed.
From the opening address it did not seem to Captain Tremayne as if thiscase--which had been hurriedly prepared by Major Swan, chiefly thatsame morning would amount to very much. Briefly the major announced hisintention of establishing to the satisfaction of the court how, on thenight of the 28th of May, the prisoner, in flagrant violation of anenactment in a general order of the 26th of that same month, hadengaged in a duel with Count Jeronymo de Samoval, a peer of the realm ofPortugal.
Followed a short statement of the case from the point of view of theprosecution, an anticipation of the evidence to be called, upon whichthe major thought--rather sanguinely, opined Captain Tremayne--toconvict the accused. He concluded with an assurance that the evidence ofthe prisoner's guilt was as nearly direct as evidence could be in a caseof murder.
The first witness called was the butler, Mullins. He was introduced bythe sergeant-major stationed by the double doors at the end of the hallfrom the ante-room where the witnesses commanded to be present were inwaiting.
Mullins, rather less venerable than usual, as a consequence of agitationand affliction on behalf of Captain Tremayne, to whom he was attached,stated nervously the facts within his knowledge. He was occupied withthe silver in his pantry, having remained up in case Sir Terence, whowas working late in his study, should require anything before going tobed. Sir Terence called him, and--
"At what time did Sir Terence call you?" asked the major.
"It was ten minutes past twelve, sir, by the clock in my pantry."
"You are sure that the clock was right?"
"Quite sure, sir; I had put it right that same evening."
"Very well, then. Sir Terence called you at ten minutes past twelve.Pray continue."
"He gave me a letter addressed to the Commissary-general. 'Take that,'says he, 'to the sergeant of the guard at once, and tell him to besure that it is forwarded to the Commissary-General first thing in themorning.' I went out at once, and on the lawn in the quadrangle I saw aman lying on his back on the grass and another man kneeling beside him.I ran across to them. It was a bright, moonlight night--bright as dayit was, and you could see quite clear. The gentleman that was kneelinglooks up, at me, and I sees it was Captain Tremayne, sir. 'What's this,Captain dear?' says I. 'It's Count Samoval, and he's kilt,' says he,'for God's sake, go and fetch somebody.' So I ran back to tell SirTerence, and Sir Terence he came out with me, and mighty startled hewas at what he found there. 'What's happened?'says he, and the captainanswers him just as he had answered me: 'It's Count Samoval, and he'skilt. 'But how did it happen?' says Sir Terence. 'Sure and that's justwhat I want to know,' says the captain; 'I found him here.' And then SirTerence turns to me, and 'Mullins,' says he, 'just fetch the guard,' andof course, I went at once."
"Was there any one else present?" asked the prosecutor.
"Not in the quadrangle, sir. But Lady O'Moy was on the balcony of herroom all the time."
"Well, then, you fetched the guard. What happened when you returned?"
"Colonel Grant arrived, sir, and I understood him to say that he hadbeen following Count Samoval..."
"Which way did Colonel Grant come?" put in the president.
"By the gate from the terrace."
"Was it open?"
"No, sir. Sir Terence himself went to open the wicket when Colonel Grantknocked."
Sir Harry nodded and Major Swan resumed the examination.
"What happened next?"
"Sir Terence ordered the captain under arrest."
"Did Captain Tremayne submit at once?"
"Well, not quite at once, sir. He naturally made some bother. 'GoodGod!' he says, 'ye'll never be after thinking I kilt him? I tell you Ijust found him here like this.' 'What were ye doing here, then?' saysSir Terence. 'I was coming to see you,' says the captain. 'What about?'says Sir Terence, and with that the captain got angry, said he refusedto be cross-questioned and went off to report himself under arrest as hewas bid."
That closed the butler's evidence, and the judge-advocate looked acrossat the prisoner.
"Have you any questions for the witness?" he inquired.
"None," replied Captain Tremayne. "He has given his evidence veryfaithfully and accurately."
Major Swan invited the court to question the witness in any manner itconsidered desirable. The only one to avail himself of the invitationwas Carruthers, who, out of his friendship and concern for Tremayne--anda conviction of Tremayne's innocence begotten chiefly by that friendshipdesired to bring out anything that might tell in his favour.
"What was Captain Tremayne's bearing when he spoke to you and to SirTerence?"
"Quite as usual, sir."
"He was quite calm, not at all perturbed?"
"Devil a bit; not until Sir Terence ordered him under arrest, and thenhe was a little hot."
"Thank you, Mullins."
Dismissed by the court, Mullins would have departed, but that upon beingtold by the sergeant-major that he was at liberty to remain if he chosehe found a seat on one of the benches ranged against the wall.
The next witness was Sir Terence, who gave his evidence quietly from hisplace at the board imm
ediately on the president's right. He was pale,but otherwise composed, and the first part of his evidence was no morethan a confirmation of what Mullins had said, an exact and strictlytruthful statement of the circumstances as he had witnessed them fromthe moment when Mullins had summoned him.
"You were present, I believe, Sir Terence," said Major Swan, "at analtercation that arose on the previous day between Captain Tremayne andthe deceased?"
"Yes. It happened at lunch here at Monsanto."
"What was the nature of it?"
"Count Samoval permitted himself to criticise adversely LordWellington's enactment against duelling, and Captain Tremayne defendedit. They became a little heated, and the fact was mentioned that Samovalhimself was a famous swordsman. Captain Tremayne made the remark thatfamous swordsmen were required by Count Samoval's country to, save itfrom invasion. The remark was offensive to the deceased, and althoughthe subject was abandoned out of regard for the ladies present, it wasabandoned on a threat from Count Samoval to continue it later."
"Was it so continued?"
"Of that I have no knowledge."
Invited to cross-examine the witness, Captain Tremayne again declined,admitting freely that all that Sir Terence had said was strictly true.Then Carruthers, who appeared to be intent to act as the prisoner'sfriend, took up the examination of his chief.
"It is of course admitted that Captain Tremayne enjoyed free accessto Monsanto practically at all hours in his capacity as your militarysecretary, Sir Terence?"
"Admitted," said Sir Terence.
"And it is therefore possible that he might have come upon the body ofthe deceased just as Mullins came upon it?"
"It is possible, certainly. The evidence to come will no doubt determinewhether it is a tenable opinion."
"Admitting this, then, the attitude in which Captain Tremayne wasdiscovered would be a perfectly natural one? It would be natural that heshould investigate the identity and hurt of the man he found there?"
"Certainly."
"But it would hardly be natural that he should linger by the body ofa man he had himself slain, thereby incurring the risk of beingdiscovered?"
"That is a question for the court rather than for me."
"Thank you, Sir Terence." And, as no one else desired to question him,Sir Terence resumed his seat, and Lady O'Moy was called.
She came in very white and trembling, accompanied by Miss Armytage,whose admittance was suffered by the court, since she would not becalled upon to give evidence. One of the officers of the Fourteenthseated on the extreme right of the table made gallant haste to set achair for her ladyship, which she accepted gratefully.
The oath administered, she was invited gently by Major Swan to tell thecourt what she knew of the case before them.
"But--but I know nothing," she faltered in evident distress, and SirTerence, his elbow leaning on the table, covered his mouth with his handthat its movements might not betray him. His eyes glowered upon her witha ferocity that was hardly dissembled.
"If you will take the trouble to tell the court what you saw from yourbalcony," the major insisted, "the court will be grateful."
Perceiving her agitation, and attributing it to nervousness, movedalso by that delicate loveliness of hers, and by deference to theadjutant-generates lady, Sir Harry Stapleton intervened.
"Is Lady O'Moy's evidence really necessary?" he asked. "Does itcontribute any fresh fact regarding the discovery of the body?"
"No, sir," Major Swan admitted. "It is merely a corroboration of what wehave already heard from Mullins and Sir Terence."
"Then why unnecessarily distress this lady?"
"Oh, for my own part, sir--" the prosecutor was submitting, when SirTerence cut in:
"I think that in the prisoner's interest perhaps Lady O'Moy will notmind being distressed a little." It was at her he looked, and forher and Tremayne alone that he intended the cutting lash of sarcasmconcealed from the rest of the court by his smooth accent. "Mullins hassaid, I think, that her ladyship was on the balcony when he came intothe quadrangle. Her evidence therefore, takes us further back in pointof time than does Mullins's." Again the sarcastic double meaning wasonly for those two. "Considering that the prisoner is being tried forhis life, I do not think we should miss anything that may, howeverslightly, affect our judgment."
"Sir Terence is right, I think, sir," the judge-advocate supported.
"Very well, then," said the president. "Proceed, if you please."
"Will you be good enough to tell the court, Lady O'Moy, how you came tobe upon the balcony?"
Her pallor had deepened, and her eyes looked more than ordinarily largeand child-like as they turned this way and that to survey the membersof the court. Nervously she dabbed her lips with a handkerchief beforeanswering mechanically as she had been schooled:
"I heard a cry, and I ran out--"
"You were in bed at the time, of course?" quoth her husband,interrupting.
"What on earth has that to do with it, Sir Terence?" the presidentrebuked him, out of his earnest desire to cut this examination as shortas possible.
"The question, sir, does not seem to me to be without point," repliedO'Moy. He was judicially smooth and self-contained. "It is intendedto enable us to form an opinion as to the lapse of time between herladyship's hearing the cry and reaching the balcony."
Grudgingly the president admitted the point, and the question wasrepeated.
"Ye-es," came Lady O'Moy's tremulous, faltering answer, "I was in bed."
"But not asleep--or were you asleep?" rapped O'Moy again, and in answerto the president's impatient glance again explained himself: "We shouldknow whether perhaps the cry might not have been repeated several timesbefore her ladyship heard it. That is of value."
"It would be more regular," ventured the judge-advocate, "if Sir Terencewould reserve his examination of the witness until she has given herevidence."
"Very well," grumbled Sir Terence, and he sat back, foiled for themoment in his deliberate intent to torture her into admissions that mustbetray her if made.
"I was not asleep," she told the court, thus answering her husband'slast question. "I heard the cry, and ran to the balcony at once.That--that is all."
"But what did you see from the balcony?" asked Major Swan.
"It was night, and of course--it--it was dark," she answered.
"Surely not dark, Lady O'Moy? There was a moon, I think--a full moon?"
"Yes; but--but--there was a good deal of shadow in the garden, and--andI couldn't see anything at first."
"But you did eventually?"
"Oh, eventually! Yes, eventually." Her fingers were twisting anduntwisting the handkerchief they held, and her distressed loveliness wasvery piteous to see. Yet it seems to have occurred to none of them thatthis distress and the minor contradictions into which it led her werethe result of her intent to conceal the truth, of her terror lest itshould nevertheless be wrung from her. Only O'Moy, watching her andreading in her every word and glance and gesture the signs of herfalsehood, knew the hideous thing she strove to hide, even, it seemed,at the cost of her lover's life. To his lacerated soul her torture was abalm. Gloating, he watched her, then, and watched her lover, marvellingat the blackguard's complete self-mastery and impassivity even now.
Major Swan was urging her gently.
"Eventually, then, what was it that you saw?"
"I saw a man lying on the ground, and another kneeling over him, andthen--almost at once--Mullins came out, and--"
"I don't think we need take this any further, Major Swan," the presidentagain interposed. "We have heard what happened after Mullins came out."
"Unless the prisoner wishes--" began the judge-advocate.
"By no means," said Tremayne composedly. Although outwardly impassive,he had been watching her intently, and it was his eyes that hadperturbed her more than anything in that court. It was she who mustdetermine for him how to proceed; how far to defend himself. He hadhoped that by now Dick Butler might hav
e been got away, so that it wouldhave been safe to tell the whole truth, although he began to doubt howfar that could avail him, how far, indeed, it would be believed in theabsence of Dick Butler. Her evidence told him that such hopes as he mayhave entertained had been idle, and that he must depend for his lifesimply upon the court's inability to bring the guilt home to him. Inthis he had some confidence, for, knowing himself innocent, it seemedto him incredible that he could be proven guilty. Failing that, nothingshort of the discovery of the real slayer of Samoval could save him--andthat was a matter wrapped in the profoundest mystery. The only man whocould conceivably have fought Samoval in such a place was Sir Terencehimself. But then it was utterly inconceivable that in that case SirTerence, who was the very soul of honour, should not only keep silentand allow another man to suffer, but actually sit there in judgmentupon that other; and, besides, there was no quarrel, nor ever had been,between Sir Terence and Samoval.
"There is," Major Swan was saying, "just one other matter upon which Ishould like to question Lady O'Moy." And thereupon he proceeded to doso: "Your ladyship will remember that on the day before the event inwhich Count Samoval met his death he was one of a small luncheon partyat your house here in Monsanto."
"Yes," she replied, wondering fearfully what might be coming now.
"Would your ladyship be good enough to tell the court who were the othermembers of that party?"
"It--it was hardly a party, sir," she answered, with her unconquerableinsistence upon trifles. "We were just Sir Terence and myself, MissArmytage, Count Samoval, Colonel Grant, Major Carruthers and CaptainTremayne."
"Can your ladyship recall any words that passed between the deceased andCaptain Tremayne on that occasion--words of disagreement, I mean?"
She knew that there had been something, but in her benumbed state ofmind she was incapable of remembering what it was. All that remained inher memory was Sylvia's warning after she and her cousin had left thetable, Sylvia's insistence that she should call Captain Tremayne away toavoid trouble between himself and the Count. But, search as she would,the actual subject of disagreement eluded her. Moreover, it occurred toher suddenly, and sowed fresh terror in her soul, that, whatever it was,it would tell against Captain Tremayne.
"I--I am afraid I don't remember," she faltered at last.
"Try to think, Lady O'Moy."
"I--I have tried. But I--I can't." Her voice had fallen almost to awhisper.
"Need we insist?" put in the president compassionately. "There aresufficient witnesses as to what passed on that occasion without furtherharassing her ladyship."
"Quite so, sir," the major agreed in his dry voice. "It only remains forthe prisoner to question the witness if he so wishes."
Tremayne shook his head. "It is quite unnecessary, sir," he assured thepresident, and never saw the swift, grim smile that flashed across SirTerence's stern face.
Of the court Sir Terence was the only member who could have desired toprolong the painful examination of her ladyship. But he perceived fromthe president's attitude that he could not do so without betraying thevindictiveness actuating him; and so he remained silent for the present.He would have gone so far as to suggest that her ladyship should beinvited to remain in court against the possibility of further evidencebeing presently required from her but that he perceived there was nonecessity to do so. Her deadly anxiety concerning the prisoner must initself be sufficient to determine her to remain, as indeed it proved.Accompanied and half supported by Miss Armytage, who was almost as paleas herself, but otherwise very steady in her bearing, Lady O'Moy madeher way, with faltering steps to the benches ranged against the sidewall, and sat there to hear the remainder of the proceedings.
After the uninteresting and perfunctory evidence of the sergeant of theguard who had been present when the prisoner was ordered under arrest,the next witness called was Colonel Grant. His testimony was strictly inaccordance with the facts which we know him to have witnessed, but whenhe was in the middle of his statement an interruption occurred.
At the extreme right of the dais on which the table stood there was asmall oaken door set in the wall and giving access to a small ante-roomthat was known, rightly or wrongly, as the abbot's chamber. Thatanteroom communicated directly with what was now the guardroom, whichaccounts for the new-comer being ushered in that way by the corporal atthe time.
At the opening of that door the members of the court looked round insharp annoyance, suspecting here some impertinent intrusion. The nextmoment, however, this was changed to respectful surprise. There was ascraping of chairs and they were all on their feet in token of respectfor the slight man in the grey undress frock who entered. It was LordWellington.
Saluting the members of the court with two fingers to his cocked hat,he immediately desired them to sit, peremptorily waving his hand, andrequesting the president not to allow his entrance to interrupt orinterfere with the course of the inquiry.
"A chair here for me, if you please, sergeant," he called and, when itwas fetched, took his seat at the end of the table, with his back to thedoor through which he had come and immediately facing the prosecutor.He retained his hat, but placed his riding-crop on the table beforehim; and the only thing he would accept was an officer's notes of theproceedings as far as they had gone, which that officer himself wasprompt to offer. With a repeated injunction to the court to proceed,Lord Wellington became instantly absorbed in the study of these notes.
Colonel Grant, standing very straight and stiff in the originally redcoat which exposure to many weathers had faded to an autumnal brown,continued and concluded his statement of what he had seen and heard onthe night of the 28th of May in the garden at Monsanto.
The judge-advocate now invited him to turn his memory back to theluncheon-party at Sir Terence's on the 27th, and to tell the courtof the altercation that had passed on that occasion between CaptainTremayne and Count Samoval.
"The conversation at table," he replied, "turned, as was perhaps quitenatural, upon the recently published general order prohibiting duellingand making it a capital offence for officers in his Majesty's servicein the Peninsula. Count Samoval stigmatised the order as a degradingand arbitrary one, and spoke in defence of single combat as the onlyhonourable method of settling differences between gentlemen. CaptainTremayne dissented rather sharply, and appeared to resent the term'degrading' applied by the Count to the enactment. Words followed, andthen some one--Lady O'Moy, I think, and as I imagine with intentto soothe the feelings of Count Samoval, which appeared to beruffled--appealed to his vanity by mentioning the fact that he washimself a famous swordsman. To this Captain Tremayne's observation wasa rather unfortunate one, although I must confess that I was fully insympathy with it at the time. He said, as nearly as I remember, that atthe moment Portugal was in urgent need of famous swords to defend herfrom invasion and not to increase the disorders at home."
Lord Wellington looked up from the notes and thoughtfully stroked hishigh-bridged nose. His stern, handsome face was coldly impassive, hisfine eyes resting upon the prisoner, but his attention all to whatColonel Grant was saying.
"It was a remark of which Samoval betrayed the bitterest resentment.He demanded of Captain Tremayne that he should be more precise, andTremayne replied that, whilst he had spoken generally, Samoval waswelcome to the cap if he found it fitted him. To that he added asuggestion that, as the conversation appeared to be tiresome to theladies, it would be better to change its topic. Count Samoval consented,but with the promise, rather threateningly delivered, that it should becontinued at another time. That, sir, is all, I think."
"Have you any questions for the witness, Captain Tremayne?" inquired thejudge-advocate.
As before, Captain Tremayne's answer was in the negative, coupledwith the now usual admission that Colonel Grant's statement accordedperfectly with his own recollection of the facts.
The court, however, desired enlightenment on several subjects. Camefirst of all Carruthers's inquiries as to the bearing of the prisonerwhen
ordered under arrest, eliciting from Colonel Grant a variant of theusual reply.
"It was not inconsistent with innocence," he said.
It was an answer which appeared to startle the court, and perhapsCarruthers would have acted best in Tremayne's interest had he left thequestion there. But having obtained so much he eagerly sought for more.
"Would you say that it was inconsistent with guilt?" he cried.
Colonel Grant smiled slowly, and slowly shook his head. "I fear I couldnot go so far, as that," he answered, thereby plunging poor Carruthersinto despair.
And now Colonel Fletcher voiced a question agitating the minds ofseveral members of the count.
"Colonel Grant," he said, "you have told us that on the night inquestion you had Count Samoval under observation, and that upon wordbeing brought to you of his movements by one of your agents you yourselffollowed him to Monsanto. Would you be good enough to tell the court whyyou were watching the deceased's movements at the time?"
Colonel Grant glanced at Lord Wellington. He smiled a littlereflectively and shook his head.
"I am afraid that the public interest will not allow me to answer yourquestion. Since, however, Lord Wellington himself is present, Iwould suggest that you ask his lordship whether I am to give you theinformation you require."
"Certainly not," said his lordship crisply, without awaiting furtherquestion. "Indeed, one of my reasons for being present is to ensure thatnothing on that score shall transpire."
There followed a moment's silence. Then the president ventured aquestion. "May we ask, sir, at least whether Colonel Grant's observationof Count Samoval resulted from any knowledge of, or expectation of, thisduel that was impending?"
"Certainly you may ask that," Lord Wellington, consented.
"It did not, sir," said Colonel Grant in answer to the question.
"What grounds had you, Colonel Grant, for assuming that Count Samovalwas going to Monsanto?" the president asked.
"Chiefly the direction taken."
"And nothing else?"
"I think we are upon forbidden ground again," said Colonel Grant, andagain he looked at Lord Wellington for direction.
"I do not see the point of the question," said Lord Wellington, replyingto that glance. "Colonel Grant has quite plainly informed the court thathis observation of Count Samoval had no slightest connection with thisduel, nor was inspired by any knowledge or suspicion on his part thatany such duel was to be fought. With that I think the court should becontent. It has been necessary for Colonel Grant to explain to the courthis own presence at Monsanto at midnight on the 28th. It would have beenbetter, perhaps, had he simply stated that it was fortuitous, althoughI can understand that the court might have hesitated to accept sucha statement. That, however, is really all that concerns the matter.Colonel Grant happened to be there. That is all that the court needremember. Let me add the assurance that it would not in the leastassist the court to know more, so far as the case under consideration isconcerned."
In view of that the president notified that he had nothing further toask the witness, and Colonel Grant saluted and withdrew to a seat nearLady O'Moy.
There followed the evidence of Major Carruthers with regard to thedispute between Count Samoval and Captain Tremayne, which substantiallybore out what Sir Terence and Colonel Grant had already said,notwithstanding that it manifested a strong bias in favour of theprisoner.
"The conversation which Samoval threatened to resume does not appear tohave been resumed," he added in conclusion.
"How can you say that?" Major Swan asked him.
"I may state my opinion, sir," flashed Carruthers, his chubby facereddening.
"Indeed, sir, you may not," the president assured him. "You are uponoath to give evidence of facts directly within your own personalknowledge."
"It is directly within my own personal knowledge that Captain Tremaynewas called away from the table by Lady O'Moy, and that he did not haveanother opportunity of speaking with Count Samoval that day. I saw theCount leave shortly after, and at the time Captain Tremayne was stillwith her ladyship--as her ladyship can testify if necessary. He spentthe remainder of the afternoon with me at work, and we went hometogether in the evening. We share the same lodging in Alcantara."
"There was still all of the next day," said Sir Harry. "Do you say thatthe prisoner was never out of your sight on that day too?"
"I do not; but I can't believe--"
"I am afraid you are going to state opinions again," Major Swaninterposed.
"Yet it is evidence of a kind," insisted Carruthers, with the tenacityof a bull-dog. He looked as if he would make it a personal matterbetween himself and Major Swan if he were not allowed to proceed. "Ican't believe that Captain Tremayne would have embroiled himselffurther with Count Samoval. Captain Tremayne has too high a regard fordiscipline and for orders, and he is the least excitable man I have everknown. Nor do I believe that he would have consented to meet Samovalwithout my knowledge."
"Not perhaps unless Captain Tremayne desired to keep the matter secret,in view of the general order, which is precisely what it is contendedthat he did."
"Falsely contended, then," snapped Major Carruthers, to be instantlyrebuked by the president.
He sat down in a huff, and the judge-advocate called Private Bates, whohad been on sentry duty on the night of the 28th, to corroborate theevidence of the sergeant of the guard as to the hour at which theprisoner had driven up to Monsanto in his curricle.
Private Bates having been heard, Major Swan announced that he did notpropose to call any further witnesses, and resumed his seat. Thereupon,to the president's invitation, Captain Tremayne replied that he had nowitnesses to call at all.
"In that case, Major Swan," said Sir Harry, "the court will be glad tohear you further."
And Major Swan came to his feet again to address the court for theprosecution.