THE calling of the new witness provoked a burst of laughter among the audience due partly, no doubt, to the strange name by which he had been summoned; partly, also, to the instinctive desire of all crowded assemblies, when their interest is painfully excited, to seize on any relief in the shape of the first subject of merriment which may present itself. A severe rebuke from the Bench restored order among the audience. The Lord Justice Clerk declared that he would "clear the Court" if the interruption to the proceedings were renewed.
During the silence which followed this announcement the new witness appeared.
Gliding, self-propelled in his chair on wheels, through the opening made for him among the crowd, a strange and startling creature--literally the half of a man--revealed himself to the general view. A coverlet which had been thrown over his chair had fallen off during his progress through the throng. The loss of it exposed to the public curiosity the head, the arms, and the trunk of a living human being: absolutely deprived of the lower limbs.
To make this deformity all the more striking and all the more terrible, the victim of it was--as to his face and his body--an unusually handsome and an unusually well-made man. His long silky hair, of a bright and beautiful chestnut color, fell over shoulders that were the perfection of strength and grace. His face was bright with vivacity and intelligence. His large clear blue eyes and his long delicate white hands were like the eyes and hands of a beautiful woman. He would have looked effeminate but for the manly proportions of his throat and chest, aided in their effect by his flowing beard and long mustache, of a lighter chestnut shade than the color of his hair. Never had a magnificent head and body been more hopelessly ill-bestowed than in this instance! Never had Nature committed a more careless or a more cruel mistake than in the making of this man!
He was sworn, seated, of course, in his chair. Having given his name, he bowed to the Judges and requested their permission to preface his evidence with a word of explanation.
"People generally laugh when they first hear my strange Christian name," he said, in a low, clear, resonant voice which penetrated to the remotest corners of the Court. "I may inform the good people here that many names, still common among us, have their significations, and that mine is one of them. 'Alexander,' for instance, means, in the Greek, 'a helper of men.' 'David' means, in Hebrew, 'well-beloved.' 'Francis' means, in German, 'free.' My name, 'Miserrimus,' means, in Latin, 'most unhappy.' It was given to me by my father, in allusion to the deformity which you all see--the deformity with which it was my misfortune to be born.
You won't laugh at 'Miserrimus' again, will you?" He turned to the Dean of Faculty, waiting to examine him for the defense. "Mr. Dean. I am at your service. I apologize for delaying, even for a moment, the proceedings of the Court."He delivered his little address with perfect grace and good-humor. Examined by the Dean, he gave his evidence clearly, without the slightest appearance of hesitation or reserve.
"I was staying at Gleninch as a guest in the house at the time of Mrs. Eustace Macallan's death," he began. "Doctor Jerome and Mr. Gale desired to see me at a private interview--the prisoner being then in a state of prostration which made it impossible for him to attend to his duties as master of the house. At this interview the two doctors astonished and horrified me by declaring that Mrs. Eustace Macallan had died poisoned. They left it to me to communicate the dreadful news to her husband, and they warned me that a post-mortem examination must be held on the body.
"If the Fiscal had seen my old friend when I communicated the doctors' message, I doubt if he would have ventured to charge the prisoner with the murder of his wife. To my mind the charge was nothing less than an outrage. I resisted the seizure of the prisoner's Diary and letters, animated by that feeling. Now that the Diary has been produced, I agree with the prisoner's mother in denying that it is fair evidence to bring against him. A Diary (when it extends beyond a bare record of facts and dates) is nothing but an expression of the poorest and weakest side in the character of the person who keeps it. It is, in nine cases out of ten, the more or less contemptible outpouring of vanity and conceit which the writer dare not exhibit to any mortal but himself. I am the prisoner's oldest friend. I solemnly declare that I never knew he could write downright nonsense until I heard his Diary read in this Court!
"_He_ kill his wife! _He_ treat his wife with neglect and cruelty! I venture to say, from twenty years' experience of him, that there is no man in this assembly who is constitutionally more incapable of crime and more incapable of cruelty than the man who stands at the Bar. While I am about it, I go further still. I even doubt whether a man capable of crime and capable of cruelty could have found it in his heart to do evil to the woman whose untimely death is the subject of this inquiry.
