More than ever was her ladyship on the very edge of confiding. A chance word might have broken down the last barrier of her will. But that word was not spoken, and so she was given the opportunity of first consulting her brother.
He laughed when he heard the story.
"A trap to take me, that's all," he pronounced it. "My dear girl, that stiff-necked martinet knows nothing of forgiveness for a military offence. Discipline is the god at whose shrine he worships." And he afforded her anecdotes to illustrate and confirm his assertion of Lord Wellington's ruthlessness. "I tell you," he concluded, "it's nothing but a trap to catch me. And if you had been fool enough to yield, and to have blabbed of my presence to Sylvia, you would have had it proved to you."
She was terrified and of course convinced, for she was easy of conviction, believing always the last person to whom she spoke. She sat down on one of the boxes that furnished that cheerless refuge of Mr. Butler's.
"Then what's to become of Ned?" she cried. "Oh, I had hoped that we had found a way out at last."
He raised himself on his elbow on the camp-bed they had fitted up for him.
"Be easy now," he bade her impatiently. "They can't do anything to Ned until they find him guilty; and how are they going to find him guilty when he's innocent?"
"Yes; but the appearances!"
"Fiddlesticks!" he answered her—and the expression chosen was a mere concession to her sex, and not at all what Mr. Butler intended. "Appearances can't establish guilt. Do be sensible, and remember that they will have to prove that he killed Samoval. And you can't prove a thing to be what it isn't. You can't!"
"Are you sure?"
"Certain sure," he replied with emphasis.
"Do you know that I shall have to give evidence before the court?" she announced resentfully.
It was an announcement that gave him pause. Thoughtfully he stroked his abominable tuft of red beard. Then he dismissed the matter with a shrug and a smile.
"Well, and what of it?" he cried. "They are not likely to bully you or cross-examine you. Just tell them what you saw from the balcony. Indeed you can't very well say anything else, or they will see that you are lying, and then heaven alone knows what may happen to you, as well as to me."
She got up in a pet. "You're callous, Dick—callous!" she told him. "Oh, I wish you had never come to me for shelter."
He looked at her and sneered. "That's a matter you can soon mend," he told her. "Call up Terence and the others and have me shot. I promise I shall make no resistance. You see, I'm not able to resist even if I would."
"Oh, how can you think it?" She was indignant.
"Well, what is a poor devil to think? You blow hot and cold all in a breath. I'm sick and ill and feverish," he continued with self-pity, "and now even you find me a trouble. I wish to God they'd shoot me and make an end. I'm sure it would be best for everybody."
And now she was on her knees beside him, soothing him; protesting that he had misunderstood her; that she had meant—oh, she didn't know what she had meant, she was so distressed on his account.
"And there's never the need to be," he assured her. "Surely you can be guided by me if you want to help me. As soon as ever my leg gets well again I'll be after fending for myself, and trouble you no further. But if you want to shelter me until then, do it thoroughly, and don't give way to fear at every shadow without substance that falls across your path."
She promised it, and on that promise left him; and, believing him, she bore herself more cheerfully for the remainder of the day. But that evening after they had dined her fears and anxieties drove her at last to seek her natural and legal protector.
Sir Terence had sauntered off towards the house, gloomy and silent as he had been throughout the meal. She ran after him now, and came tripping lightly at his side up the steps. She put her arm through his.
"Terence dear, you are not going back to work again?" she pleaded.
He stopped, and from his fine height looked down upon her with a curious smile. Slowly he disengaged his arm from the clasp of her own. "I am afraid I must," he answered coldly. "I have a great deal to do, and I am short of a secretary. When this inquiry is over I shall have more time to myself, perhaps." There was something so repellent in his voice, in his manner of uttering those last words, that she stood rebuffed and watched him vanish into the building.
Then she stamped her foot and her pretty mouth trembled.
"Oaf!" she said aloud.
CHAPTER XVI. THE EVIDENCE
The board of officers convened by Marshal Beresford to form the court that was to try Captain Tremayne, was presided over by General Sir Harry Stapleton, 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 Torres Vedras, having first desired to be included in the board chiefly on account of his friendship for Tremayne; and Major Carruthers. The judge-advocate's task of conducting the case against the prisoner was deputed to the quartermaster of Tremayne's own regiment, Major Swan.
The court sat in a long, cheerless hall, once the refectory of the Franciscans, who had been the first tenants of Monsanto. It was stone-flagged, the windows set at a height of some ten feet from the ground, the bare, whitewashed walls hung with very wooden portraits of long-departed kings and princes of Portugal who had been benefactors of the order.
The court occupied the abbot's table, which was set on a shallow dais at the end of the room—a table of stone with a covering of oak, over which a green cloth had been spread; the officers—twelve in number, besides the president—sat with their backs to the wall, immediately under the inevitable picture of the Last Supper.
The court being sworn, Captain Tremayne was brought in by the provost-marshal's guard and given a stool placed immediately before and a few paces from the table. Perfectly calm and imperturbable, he saluted the court, and sat down, his guards remaining some paces behind him.
He had declined all offers of a friend to represent him, on the grounds that the court could not possibly afford him a case to answer.
The president, a florid, rather pompous man, who spoke with a faint lisp, cleared his throat and read the charge against the prisoner from the sheet with which he had been supplied—the charge of having violated the recent enactment against duelling made by the Commander-in-Chief of 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 that duel, conducted in an irregular manner, and without any witnesses, had resulted in the death of the said Count Jeronymo de Samoval.
"How say you, then, Captain Tremayne?" the judge-advocate challenged him. "Are you guilty of these charges or not guilty?"
"Not guilty."
The president sat back and observed the prisoner with an eye that was officially benign. Tremayne's glance considered the court and met the concerned and grave regard of his colonel, of his friend Carruthers and of two other friends of his own regiment, the cold indifference of three officers of the Fourteenth—then stationed in Lisbon with whom he was unacquainted, and the utter inscrutability of O'Moy's rather lowering glance, which profoundly intrigued him, and, lastly, the official hostility of Major Swan, who was on his feet setting forth the case against 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 this case—which had been hurriedly prepared by Major Swan, chiefly that same morning would amount to very much. Briefly the major announced his intention of establishing to the satisfaction of the court how, on the night of the 28th of May, the prisoner, in flagrant violation of an enactment in a general order of the 26th of that same month, had engaged in a duel with Count Jeronymo de Samoval, a peer of the realm of Portugal.