Wait till we’ve examined the witnesses on the other side.
Crier!” continues he, turning to the official; “call the witnesses for the defence.”
The crier obeys; and Phelim O’Neal is conducted to the stand.
The story of the ci-devant stable-boy, confusedly told, full of incongruities—and in many parts altogether improbable—rather injures the chances of his master being thought innocent.
The San Antonio counsel is but too anxious for his testimony to be cut short—having a firmer reliance on the tale to be told by another.
That other is next announced.
“Zebulon Stump!”
Before the voice of the summoning officer has ceased to reverberate among the branches of the live-oak, a tall stalwart specimen of humanity is seen making his way through the throng—whom all recognise as Zeb Stump, the most noted hunter of the Settlement.
Taking three or four strides forward, the backwoodsman comes to a stand upon the spot set apart for the witnesses.
The sacred volume is presented to him in due form; which, after repeating the well-known words of the “affidavit,” Zeb is directed to kiss. He performs this operation with a smack sufficiently sonorous to be heard to the extreme outside circle of the assemblage.
Despite the solemnity of the scene, there is an audible tittering, instantly checked by the judge; a little, perhaps, by Zeb himself, whose glance, cast inquiringly around, seems to search for some one, that may be seen with a sneer upon his face.
The character of the man is too well known, for any one to suppose he might make merry at his expense; and before his searching glance the crowd resumes, or affects to resume, its composure.
After a few preliminary questions, Zeb is invited to give his version of the strange circumstances, which, have been keeping the Settlement in a state of unwonted agitation.
The spectators prick up their ears, and stand in expectant silence.
There is a general impression that Zeb holds the key to the whole mystery.
“Wal, Mister Judge!” says he, looking straight in the face of that cigar-smoking functionary;
“I’ve no objection to tell what I know ’beout the bizness; but ef it be all the same to yurself, an the Jewry hyur, I’d preefar that the young fellur shed gie his varsion fust.
I kud then foller wi’ mine, the which mout sartify and confirm him.”
“Of what young fellow do you speak?” inquires the judge.
“The mowstanger thur, in coorse.
Him as stan’s ’cused o’ killin’ young Peintdexter.”
“It would be somewhat irregular,” rejoins the judge—“After all, our object is to get at the truth.
For my part, I haven’t much faith in old-fashioned forms; and if the jury don’t object, let it be as you say.”
The “twelve,” speaking through their foreman, profess themselves of the same way of thinking.
Frontiersmen are not noted for strict adherence to ceremonious forms; and Zeb’s request is conceded nemine dissentiente.
Chapter Eighty Nine. The Confession of the Accused.
Acting under the advice of his counsel, the accused prepares to avail himself of the advantage thus conceded.
Directed by the judge, he stands forward; the sheriff’s officers in charge falling a step or two into the rear.
It is superfluous to say that there is universal silence.
Even the tree crickets, hitherto “chirping” among the leaves of the live-oak, desist from their shrill stridulation—as if awed by the stillness underneath.
Every eye is fixed upon the prisoner; every ear bent to catch the first words of, what may be termed, his confession.
“Judge, and gentlemen of the jury!” says he, commencing his speech in true Texan style; “you are good enough to let me speak for myself; and in availing myself of the privilege, I shall not long detain you.
“First, have I to say: that, notwithstanding the many circumstances mentioned during the course of this trial—which to you appear not only odd, but inexplicable—my story is simple enough; and will explain some of them.
“Not all of the statements you have heard are true.
Some of them are false as the lips from which they have fallen.”
The speaker’s glance, directed upon Cassius Calhoun, causes the latter to quail, as if standing before the muzzle of a six-shooter.
“It is true that I met Miss Poindexter, as stated.
That noble lady, by her own generous confession, has saved me from the sin of perjuring myself—which otherwise I might have done.
In all else I entreat you to believe me.
“It is also true that our interview was a stolen one; and that it was interrupted by him who is not here to speak to what occurred after.
“It is true that angry words passed between us, or rather from him to me: for they were all on his side.
“But it is not true that the quarrel was afterwards renewed; and the man who has so sworn dared not say it, were I free to contradict him as he deserves.”
Again are the eyes of the accused turned towards Calhoun, still cowering behind the crowd.
“On the contrary,” continues he, “the next meeting between Henry Poindexter and myself, was one of apology on his part, and friendship—I might say affection—on mine.
“Who could have helped liking him?
As to forgiving him for the few words he had rashly spoken, I need hardly tell you how grateful I felt for that reconciliation.”
“There was a reconciliation, then?” asks the judge, taking advantage of a pause in the narration. “Where did it take place?”
“About four hundred yards from the spot where the murder was committed.”
The judge starts to his feet.
The jury do the same.