Followed a short statement of the case from the point of view of the prosecution, an anticipation of the evidence to be called, upon which the major thought—rather sanguinely, opined Captain Tremayne—to convict the accused. He concluded with an assurance that the evidence of the prisoner's guilt was as nearly direct as evidence could be in a case of murder.
The first witness called was the butler, Mullins. He was introduced by the sergeant-major stationed by the double doors at the end of the hall from the ante-room where the witnesses commanded to be present were in waiting.
Mullins, rather less venerable than usual, as a consequence of agitation and affliction on behalf of Captain Tremayne, to whom he was attached, stated nervously the facts within his knowledge. He was occupied with the silver in his pantry, having remained up in case Sir Terence, who was working late in his study, should require anything before going to bed. 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 be sure that it is forwarded to the Commissary-General first thing in the morning.' I went out at once, and on the lawn in the quadrangle I saw a man 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 day it was, and you could see quite clear. The gentleman that was kneeling looks 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 Sir Terence, and Sir Terence he came out with me, and mighty startled he was at what he found there. 'What's happened?'says he, and the captain answers him just as he had answered me: 'It's Count Samoval, and he's kilt. 'But how did it happen?' says Sir Terence. 'Sure and that's just what I want to know,' says the captain; 'I found him here.' And then Sir Terence turns to me, and 'Mullins,' says he, 'just fetch the guard,' and of 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 her room 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 had been 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 Grant knocked."
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. 'Good God!' he says, 'ye'll never be after thinking I kilt him? I tell you I just found him here like this.' 'What were ye doing here, then?' says Sir Terence. 'I was coming to see you,' says the captain. 'What about?' says Sir Terence, and with that the captain got angry, said he refused to be cross-questioned and went off to report himself under arrest as he was bid."
That closed the butler's evidence, and the judge-advocate looked across at the prisoner.
"Have you any questions for the witness?" he inquired.
"None," replied Captain Tremayne. "He has given his evidence very faithfully and accurately."
Major Swan invited the court to question the witness in any manner it considered desirable. The only one to avail himself of the invitation was Carruthers, who, out of his friendship and concern for Tremayne—and a conviction of Tremayne's innocence begotten chiefly by that friendship desired to bring out anything that might tell in his favour.
"What was Captain Tremayne's bearing when he spoke to you and to Sir Terence?"
"Quite as usual, sir."
"He was quite calm, not at all perturbed?"
"Devil a bit; not until Sir Terence ordered him under arrest, and then he was a little hot."
"Thank you, Mullins."
Dismissed by the court, Mullins would have departed, but that upon being told by the sergeant-major that he was at liberty to remain if he chose he found a seat on one of the benches ranged against the wall.
The next witness was Sir Terence, who gave his evidence quietly from his place at the board immediately on the president's right. He was pale, but otherwise composed, and the first part of his evidence was no more than a confirmation of what Mullins had said, an exact and strictly truthful statement of the circumstances as he had witnessed them from the moment when Mullins had summoned him.
"You were present, I believe, Sir Terence," said Major Swan, "at an altercation that arose on the previous day between Captain Tremayne and the deceased?"
"Yes. It happened at lunch here at Monsanto."
"What was the nature of it?"
"Count Samoval permitted himself to criticise adversely Lord Wellington's enactment against duelling, and Captain Tremayne defended it. They became a little heated, and the fact was mentioned that Samoval himself was a famous swordsman. Captain Tremayne made the remark that famous swordsmen were required by Count Samoval's country to, save it from invasion. The remark was offensive to the deceased, and although the subject was abandoned out of regard for the ladies present, it was abandoned 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's friend, took up the examination of his chief.
"It is of course admitted that Captain Tremayne enjoyed free access to Monsanto practically at all hours in his capacity as your military secretary, Sir Terence?"
"Admitted," said Sir Terence.
"And it is therefore possible that he might have come upon the body of the deceased just as Mullins came upon it?"
"It is possible, certainly. The evidence to come will no doubt determine whether it is a tenable opinion."
"Admitting this, then, the attitude in which Captain Tremayne was discovered would be a perfectly natural one? It would be natural that he should 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 of a man he had himself slain, thereby incurring the risk of being discovered?"
"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 be called upon to give evidence. One of the officers of the Fourteenth seated on the extreme right of the table made gallant haste to set a chair for her ladyship, which she accepted gratefully.
The oath administered, she was invited gently by Major Swan to tell the court what she knew of the case before them.