Tuesday morning was the day fixed for the trial of Herbert Dare. You might have walked upon the people's heads in the vicinity of the Guildhall, for all the town wished to get in to hear it. Of course only a very small portion of the town, relatively speaking, could have its wish, or succeed in fighting a way to a place. Of the rest, some went back to their homes, disappointed and exploding; and the rest collected outside and blocked up the street. The police had their work cut out that day; whilst the javelin-men, heralding in the judges, experienced great difficulty in keeping clear the passages. The heat in court would be desperate as the day advanced.

Sir William Leader, as senior judge, took his seat in the criminal court. It was he whom you saw in the sheriff's carriage on Saturday. The same benignant face was bent upon the crowded court that had been bent upon the street mob; the same penetrating eye; the same grave, calm bearing. The prisoner was immediately placed at the bar, and all eyes, strange or familiar, were strained to look at him. They saw a tall, handsome young man, looking too gentlemanly to stand in the felon's dock. He was habited in deep mourning. His countenance, usually somewhat conspicuous for its bright complexion, was pale, probably from the moment's emotion, and his white handkerchief was lifted to his mouth as he moved forward; otherwise he was calm. Old Anthony Dale was in court, looking far more agitated than his son. Preliminaries were gone through, and the trial began.

"Prisoner at the bar, how say you? Are you guilty, or not guilty?"

Herbert Dare raised his eyes fearlessly, and pleaded in a firm tone:

"Not Guilty!"

The leading counsel for the prosecution, Serjeant Seeitall, stated the case. His address occupied some time, and he then proceeded to call witnesses. One of the first examined was Betsy Carter. She deposed to the facts of having sat up with the lady's-maid and Joseph, until the return of Mr. and Mrs. Dare and their daughter; to having then gone into the dining-room with a light to look for Mr. Dare's pipe, which she had left there in the morning, when cleaning the room. "In moving forward with the candle, I saw something dark on the ground," continued Betsy, who, when her first timidity had gone off, seemed inclined to be communicative. "At the first glance, I thought it was one of the gentlemen gone to sleep there; but when I stooped down with the light, I saw it was the face of the dead. Awful, it looked!"

"What did you next do?" demanded the examining counsel.

"Screeched out, gentlemen," responded Betsy.

"What else?"

"I went out of the room, screeching to Joseph in the hall, and master came in from outside the front door, where he was waiting, all peaceful and ignorant, for his pipe, little thinking what there was so close to him. I screeched out all the more, gentlemen, when I remembered the quarrel that had took place at dinner that afternoon, and I knew it was nobody but Mr. Herbert that had done the murder."

The witness was sharply told to confine herself to evidence.

"It couldn't be nobody else," retorted Betsy, who, once set going, was a match for any cross-examiner. "There was the cloak to prove it. Mr. Herbert had gone out in the cloak that very night, and the poor dead gentleman was lying on it. Which proves it must have come off in the scuffle between 'em."

The fact of the quarrel, the facts connected with the cloak, as well as all other facts, had been mentioned by the learned Serjeant Seeitall in his opening address. The witness was questioned as to what she knew of the quarrel: but it appeared that she had not been present; consequently could not testify to it. The cloak she could say more about, and spoke of it confidently as Mr. Herbert's.

"How did you know the cloak, found under the dead man, was Mr. Herbert's?" interposed the prisoner's counsel, Mr. Chattaway.

"Because I did," returned the witness.

"I ask you how you knew it?"

"By lots of tokens," she answered. "By the shining black clasp, for one thing, and by the tears and jags in it, for another. Nobody has ever pretended it was not the cloak. I have seen it fifty times hanging up in Mr. Herbert's closet."

"You saw the prisoner going out in it that evening?"

"Yes, I did," she answered. "I was looking out at Miss Adelaide's chamber window, and I saw him come out of the dining-room window, and go off towards the front gates. The gentlemen often went out through the dining-room window, instead of at the hall door."

"The prisoner says he came back immediately, and left his cloak in the dining-room, going out finally without it. Did you see him come back?"

"No, I didn't," replied Betsy.

"How long did you remain at the window?"

"Not long."

"Did you remain long enough for him to cross the lawn to the front entrance gates, and come back again?"

"No, I don't think I did, sir."

"The court will please take note of that answer," said Mr. Chattaway, who was aware that a great deal had been made of the fact of the housemaid's having seen him go out in the cloak. "You left the window then, immediately?"

"Pretty near immediately. I don't think I stayed long enough at it for him to come back from the front gates—if he did come. I have never said I did," she resentfully continued.

"What time was it that you saw him go out?"

"I hadn't took particular notice of the time. It was dusk. I was turning down my beds; and I generally do that a little before nine. The next room I went into was Mr. Anthony's."

"The deceased was in it, was he not?"

"He was in it, stretched full length upon the sofa. He had his head down on the cushion, and his feet up over the arm at the foot, all comfortable and easy, with a cigar in his mouth, and some glasses and things on the table near him. 'What are you come bothering in here for?' he asked. So I begged his pardon; for you see, gentlemen, I didn't know he was there, and I went out again, and met Joseph carrying up a note to him. A little while after that, he went out."

The witness's propensity to degenerate into gossip appeared irrepressible. Several times she was stopped; once by the judge.

"Of how many servants did the household of Mr. Dare consist?" she was asked.

"There were four of us, gentlemen."

"Did you all sit up that night?"

"All but the cook. She went to bed."

"And the family, those who were at home, went to bed?"

"All of them, sir. The governess went early; she was not well; and Miss Rosa and Miss Minny went, and the two young gentlemen went when they came home from playing cricket."

"In point of fact, then, no one was up except you three servants in the kitchen?"

"Nobody, sir."

"And you heard no noise in the house until the return of Mr. and Mrs. Dare?"

"We never heard nothing," responded Betsy. "We were sitting quietly in the kitchen; me and the lady's-maid at work, and Joseph asleep. We never heard any noise at all."

This was the substance of what was asked her. Joseph was next called, and gave his testimony. He deposed to having fastened up the house at eleven o'clock, with the exception of the dining-room window: that was left open in obedience to orders. All other facts within his knowledge he also testified to. The governess, Signorina Varsini, was called, and questioned upon two points: what she had seen and heard of the quarrel, and of the subsequent conduct of Anthony and Herbert to each other in the drawing-room. But her testimony amounted to nothing, and she might as well not have been troubled. She was also asked whether she had heard any noise in the house between eleven o'clock and the return of Mr. and Mrs. Dare. She replied that she did not hear any, for she had been asleep. She went to sleep long before eleven, and did not wake up until aroused by the commotion caused by the finding of the body. The witness was proceeding to favour the court with her own conviction that the prisoner was innocent, but was brought up with a summary notice that that was not evidence, and that, if she knew nothing more, she might withdraw. Upon which, she honoured the bench with an elaborate curtsey, and retired. Not a witness throughout the day gave evidence with more absolute equanimity.

Lord Hawkesley was examined; also Mr. Brittle—the latter coming to Helstonleigh on his subpoena. But to give the testimony of all the witnesses in length, would only be to repeat what has already been related. It will be sufficient to extract a few questions here and there.

"What were the games played in your rooms that evening?" was asked of Mr. Brittle.

"Some played whist; some ÉcartÉ."

"At which did the deceased play?"

"At whist."

"Was he a loser, or a gainer?"

"A loser; but to a very trifling amount. We were playing half-crown points. He and myself played against Lord Hawkesley and Captain Bellew. We broke up because he, the deceased, was not sufficiently sober to play."

"Was he sober when he joined you?"

"By no means. He appeared to have been drinking rather freely; and he took more in my rooms, which made him worse."

"Why did you accompany him home?"

"He was scarcely in a state to proceed alone: and I felt no objection to a walk. It was a fine night."

"Did he speak, during the evening, of the dispute which had taken place between him and his brother?" interposed the judge.

"He did not, my lord. A slight incident occurred, as we were going to his home, which it may be perhaps as well to mention——"

"You must mention everything which bears upon this unhappy case, sir," interrupted the judge. "You are sworn to tell the whole truth."

"I do not suppose it does bear upon it directly, my lord. Had I attached importance to it, I should have spoken of it before. In passing the turning which leads to the race-course, a man met us, and began to abuse the deceased. The deceased was inclined to stop and return it, but I drew him on."

"Of what nature was the abuse?" asked the counsel.

"I do not recollect the precise terms. It was to the effect that he, the deceased, tippled away his money instead of paying his debts. The man backed against the wall as he spoke: he appeared to have had rather too much himself. I drew the deceased on, and we were soon out of hearing."

"What became of the man?"

"I do not know. We left him standing against the wall. He called loudly after the deceased to know when his bill was to be paid. I judged him to be some petty tradesman."

"Did he follow you?"

"No. At least, we heard no more of him afterwards. I saw the deceased safely within his own gate, and left him."

"What state, as to sobriety, was the deceased in then?"

"He was what may be called half-seasover," replied the witness. "He could talk, but his words were not very distinct."

"Could he walk alone?"

"After a fashion. He stumbled as he walked."

"What time was this?"

"About half-past eleven. I think the half-hour struck directly after I left him, but I am not quite sure."

"As you returned, did you see anything of the man who had accosted the deceased?"

"Not anything."

Strange to say the very man thus spoken of was in court, listening to the trial. Upon hearing the evidence given by Mr. Brittle, he voluntarily came forward as a witness. He said he had been "having a drop," and it had made him abusive, but that Anthony Dare had owed him money long for work done, mending and making. He was a jobbing tailor, and the bill was a matter of fourteen pounds. Anthony Dare had only put him off and off; he was a poor man, with a wife and family to keep, and he wanted the money badly; but now, he supposed, he should never be paid. He lived close to the spot where he met the deceased and the gentleman who had just given evidence, and he could prove that he went home as soon as they were out of sight, and was in bed at half-past eleven. What with debts and various other things, he concluded the town had had enough to rue in young Anthony Dare. Still, the poor fellow didn't deserve such a shocking fate as murder, and he would have been the first to protect him from it.

That the evidence was given in good faith, was undoubted. He was known to the town as a harmless, inoffensive man, addicted, though upon rare occasions, to taking more than was good for him, when he was apt to dilate upon his grievances.

The constable who had been on duty that night near Mr. Dare's residence was the next witness called. "Did you see the deceased that night?" was asked of him.

"Yes, sir, I did," was the reply. "I saw him walking home with the gentleman who has given evidence—Mr. Brittle. I noticed that young Mr. Dare talked thick, as if he had been drinking."

"Did they appear to be on good terms?"

"Very good terms, sir. Mr. Brittle was laughing when he opened the gate for the deceased, and told him to mind he did not kiss the grass; or something to that effect."

"Were you close to them?"

"Quite close, sir. I said 'Good night' to the deceased, but he seemed not to notice it. I stood and watched him over the grass. He reeled as he walked."

"What time was this?"

"Nigh upon half-past eleven, sir."

"Did you detect any signs of people moving within the house?"

"Not any, sir. The house seemed quite still, and the blinds were down before the windows."

"Did you see any one enter the gate that night besides the deceased?"

"Not any one."

"Not the prisoner?"

"Not any one," repeated the policeman.

"Did you see anything of the prisoner later, between half-past one and two, the time he alleges as that of his going home?"

"I never saw the prisoner at all that night, sir."

"He could have gone in, as he states, without your seeing him?" interposed the prisoner's counsel.

"Yes, certainly, a dozen times over. My beat extended to half-a-mile beyond Mr. Dare's."

One witness, who was placed in the box, created a profound sensation: for it was the unhappy father, Anthony Dare. Since the deed was committed, two months ago, Mr. Dare had been growing old. His brow was furrowed, his cheeks were wrinkled, his hair was turning white, and he looked, as he obeyed the call to the witness-box, as a man sinking under a heavy weight of care. Many of the countenances present expressed deep commiseration for him.

He was sworn, and various questions were asked him. Amongst others, whether he knew anything of the quarrel which had taken place between his two sons.

"Personally, nothing," was the reply. "I was not at home."

"It has been testified that when they were parted, your son Herbert threatened his brother. Is he of a revengeful disposition?"

"No," replied Mr. Dare, with emotion; "that, I can truly say, he is not. My poor son, Anthony, was somewhat given to sullenness; but Herbert never was."

"There had been a great deal of ill-feeling between them of late, I believe."

"I fear there had been."

"It is stated that you yourself, upon leaving home that evening, left them a warning not to quarrel. Was it so?"

"I believe I did. Anthony entered the house as we were leaving it, and I did say something to him to that effect."

"The prisoner was not present?"

"No. He had not returned."

"It is proved that he came home later, dined, and went out again at dusk. It does not appear that he was seen afterwards by any member of your household, until you yourself went up to his room and found him there, after the discovery of the body. His own account is, that he had only recently returned. Do you know where he was, during his absence?"

"No."

"Or where he went to?"

"No," repeated the witness in sadly faltering tones, for he knew that this was the one weak point in the defence.

"He will not tell you?"

"He declines to do so. But," the witness added, with emotion, "he has denied his guilt to me from the first, in the most decisive manner: and I solemnly believe him to be innocent. Why he will not state where he was, I cannot conceive; but not a shade of doubt rests upon my mind that he could state it if he chose, and that it would be the means of establishing the fact of his absence. I would not assert this if I did not believe it," said the witness, raising his trembling hand. "They were both my boys: the one destroyed was my eldest, perhaps my dearest; and I declare that I would not, knowingly, screen his assassin, although that assassin were his brother."

The case for the prosecution concluded, and the defence was entered upon. The prisoner's counsel—two of them eminent men, Mr. Chattaway himself being no secondary light in the forensic world—laboured under one disadvantage, as it appeared to the crowded court. They exerted all their eloquence in seeking to divert the guilt from the prisoner: but they could not—distort facts as they might, call upon imagination as they would—they could not conjure up the ghost of any other channel to which to direct suspicion. There lay the weak point, as it had lain throughout. If Herbert Dare was not guilty, who was? The family, quietly sleeping in their beds, were beyond the pale of suspicion; the household equally so; and no trace of any midnight intruder to the house could be found. It was a grave stumbling-block for the prisoner's counsel; but such stumbling-blocks are as nothing to an expert pleader. Bit by bit Mr. Chattaway disposed, or seemed to dispose, of every argument that could tell against the prisoner. The presence of the cloak in the dining-room, from which so much appearance of guilt had been deduced, he converted into a negative proof of innocence. "Had he been the one engaged in the struggle," argued the learned Q.C., "would he have been mad enough to leave his own cloak there, underneath his victim, a damning proof of guilt? No! that, at any rate, he would have taken away. The very fact of the cloak being under the murdered man was a most indisputable proof, as he regarded it, that the prisoner remained totally ignorant of what had happened—ignorant of his unfortunate brother's being at all in the dining-room. Why! had he only surmised that his brother was lying, wounded or dead, in the room, would he not have hastened to remove his cloak out of it, before it should be seen there, knowing, as he must know, that, from the very terms on which he and his brother had been, it would be looked upon as a proof of his guilt?" The argument told well with the jury—probably with the judge.

Bit by bit, so did he thus dispose of the suspicious circumstances: of all, except one. And that was the great one, the one that nobody could get over: the refusal of the prisoner to state where he was that night. "All in good time, gentlemen of the jury," said Mr. Chattaway, some murmured words reaching his ear that the omission was deemed ominous. "I am coming to that later; and I shall prove as complete and distinct an alibi as it was ever my lot to submit to an enlightened court."

The court listened, the jury listened, the spectators listened, and "hoped he might." He had spoken, for the most part, to incredulous ears.