On Monday at two o’clock Tarbox came up to her cell to escort her down to the sheriff’s office. “Bourke’s there, and I never saw him looking better,” he said, rubbing his hands. “Oh, he’ll pull you through. Don’t you worry.” Patience was very nervous, but her years of self-repression and her experience at Peele Manor had forged a key with which she could at times lock nerve and muscle into subjection. As she entered the sheriff’s office she smiled upon Mr. Bourke as graciously as any young and beautiful woman would be expected to smile upon a great lawyer enlisted in her service. Bourke came forward with the same ballast, although the red was in his face. “It was better for you to come down here,” he said. “There could be no privacy in your cell, and we must have absolute privacy for these meetings. Of course you know that we are going to rehearse you. Mrs. Peele, this is my assistant, Mr. Lansing.” He indicated a good-looking well-dressed young fellow, with boyish blue eyes and a tilted nose. She liked him at once and gave him her hand. Mr. Simms had risen as she entered, and they had nodded distantly. “Take this chair, Mrs. Peele,” continued Bourke. “Yes. This is the first of many rehearsals. We shall keep them up until the trial. You will imagine yourself on the witness stand. Mr. Simms, whom, fortunately, you don’t like, is the district attorney, Lansing is the judge, I am the counsel for the defence. I shall make the direct examination, and then Mr. Simms will cross-examine you with all the subtlety, the venom, and the irritating minutiÆ of a district attorney determined to make himself immortal. I think we have outlined with reasonable completeness all that will or can be asked you, so that you can hardly be taken off your guard: you must be prepared to give direct answers without suspicious promptness, and avoid saying anything that could be misconstrued.” “Must I go on the stand?” asked Patience, fearfully. “I thought one was not obliged to, and I shall be so nervous.” Bourke shook his head emphatically. “The judge might reiterate a hundred times to the jury that your failure to go on the witness stand should not be counted against you, and still it would count—more than anything. It is something a jury never overlooks. These rehearsals are to keep you from being nervous, as much as anything else.” “Do you believe I am innocent?” asked Patience, giving way to an uncontrollable impulse. “I do—both personally and professionally.” Simms laughed. “Bourke is so enthusiastic,” he said, “that if he had made up his professional mind that you were innocent, the personal would follow suit.” “No, but I do,” said Bourke, laughing, and looking at Patience with eyes which for the moment were more kind than keen. “Now, here goes.” When the two hours’ rehearsal were over she was very pale. “I did not know the case could look so black,” she said. “It is a black case,” said Simms. “Do you really take so much interest?” she asked Bourke, curiously. “You make me feel as if the issue were yours and not mine. Or is that only your professional pride?” “Bourke is the most ambitious man at the New York bar,” said Simms. “And the most human,” added Lansing. Patience smiled at the young man and turned to Bourke, whose eyes were twinkling. “I take a very deep personal interest in your case,” he said gallantly. “Bourke is an Irishman,” said Simms, with sarcasm. “We’ll excuse you,” said Bourke. “You know you have business with Sturges,” and Simms gathered up his papers and retired, followed by Lansing. As the door closed Bourke’s face changed. He became serious at once. “Mrs. Peele,” he said, “it would be foolish and unkind to conceal from you the fact that you are in a very grave position. I have never known a more damaging chain of circumstantial evidence. The only jury we can possibly get together, the only men in Westchester County who will know nothing about the case, will be farmers and small tradespeople. These men are narrow minded, unworldly, religious, bigoted people who will look with horror upon a woman accused of murder; who will be surlily prejudiced against you because you did not love your husband, and because you left him; and above all they are likely to think you should be executed if for no other reason than because,”—He hesitated. The blood came into his face. “Tell me, is it true? I don’t believe it. I can’t believe it—” “That I had a lover? No, I did not have a lover. If that spy reports exactly what he heard, he must himself prove that I did not. I liked—I do like—a man, a former editor of mine, immensely. At that time I believed myself in love with him; but I was as mistaken as I suppose all impulsive and mentally lonely people are once or oftener in their lifetimes. Although he visits me now we have come to a complete understanding. I shall not marry him.” Bourke looked at the floor for a moment. “Yes,” he said finally. “Yes. That is a great point, of course. Well—as a rule I can do anything I like with a jury in Westchester County; I know and have known for twenty years almost every man within forty miles; but we shall have to go out into the highways and byways for talesmen: your case has attracted almost universal attention. It is just possible, therefore, that the jury may convict you—Don’t be frightened—Don’t look like that—please!—If that happens I shall take the case to the General Term, and failing that, to the Court of Appeals. One way or another I shall get you off—I pledge you my life on that,” he added vehemently. “Will you put your faith in me and keep up?” “I am sure no woman could help it,” said Patience, smiling graciously. That night, somewhat to her amusement, she thought on Bourke with a certain sweet tremor until she fell asleep. She did not yet love him, but he satisfied her imagination; and he was the first man that ever had. |