I had been expecting to find a prisoner in a dock, and here he was, dressed like any other distinguished young gentleman in the court room, and sitting among the lawyers. All at once he put up his hand to push back his hair, and I saw that his hands were free. I felt a sense of unspeakable relief, as if he had already been acquitted. The only thing that seemed to set him apart from others was that expression of his, which was troubling in its very sweetness, as if he were not trying to combat or oppose anything; as if he had foreseen to the end what would happen, and had given himself up from the first.

Then a voice, high and sing-song, seeming to come from nowhere, began calling out something which I couldn't understand, and the Mexican I had seen in the witness room rose from the crowd and shuffled up into the little railed inclosure. The gentleman who was sitting with Mr.

Dingley got up and began asking questions in a weary monotonous voice, to which the Mexican replied that his name was Manuel Gora, that he was a Mexican by birth, and by occupation a barkeeper; that at present he was without employment, but that previous to the seventh of May he had for ten years been in the employment of Martin Rood.

I could hear the stir all over the court room, and my own heart began to beat.

"Ah!" The gentleman who was on his feet seemed to shake off his apathy and grew very, emphatic, "Now, Mr. Gora--on the night of May the sixth where were you?"

The man answered in a low voice that all that night he had been in Mr.

Rood's gambling-hall.

"Go on, tell us and the gentlemen of the jury all that you remember of the occurrences of that night and of the morning of the seventh until six-thirty o'clock."

When the Mexican began speaking all the rustle died out in the court, and in the deep silence his precise, mincing utterance made every word distinct. He had gone on duty at six-thirty o'clock, he said; the hall had closed at eleven, it being Sunday night, and at that hour Mr. Rood had not yet come home. He had locked the doors and sat up until two.

Then Mr. Rood came, and went immediately to bed.

Here the lawyer interrupted, "Do I understand you that Mr. Rood lived at the gambling-hall?"

No, the man said, but he had rooms upstairs which he often used. After Mr. Rood had retired he had himself gone to his own room, which was also up-stairs, but in the back of the house. He was not yet asleep when he heard the bell at the side door ring. "And then," the Mexican said, "I went to Mr. Rood's door and asked if I should go down-stairs.

Mr. Rood said, 'No,' and then he said, 'Curse him, no, I won't let him in.' But after the bell had rung three times more, he called me and said, 'Go down, Manuel, let him in. I will come down in a few minutes.'

"After that I went down and let in Mr. Montgomery."

"One moment, Mr. Gora." The lawyer who was standing had raised his hand. "Was there anything in Mr. Rood's manner which led you to suppose he had feared a visit from Mr. Montgomery?"

The man who had been sitting next the prisoner was on his feet.

"Object, your Honor, to the form of the question, as being--" He mumbled the rest, I couldn't get a word of it.

The judge brought his eyes down from the ceiling, looked at the big man who was calling out to him; then said in a conversational voice: "Objection sustained." Then looking at the other man, "Change the form of the question."

"Father," I whispered, "that man who just now objected, isn't he Mr.

Jackson? Hasn't he been at the house to dinner?"

"Yes, and one of the best lawyers in the city; but he is defending Montgomery, I am sorry!"

"Did Mr. Rood," the first lawyer began again, "show surprise when you told him there was some one at the door?"

"No, sir." The man hesitated. "He was angry."

Mr. Dingley's lawyer looked triumphantly at the lawyer for the defense; then he again turned to the witness. "Had you ever seen the person you let in before?"

"Very often. He came a great deal to play."

"Can you point him out?"

The Mexican peered at the crowd. "He is sitting the third from the end at that table."

There was a sigh that seemed to come from the whole court room. I tried to get a glimpse of Johnny Montgomery's face, but too many people were standing up, and moving chairs, and when the flutter subsided a little I was able to catch the witness' voice going on.

"Then I brought them some drinks, and Mr. Rood told me to go to bed.

They were left alone down there when I had gone up-stairs. I went to sleep. I was waked up in the very early morning by quarreling voices, and before I was wide-awake I heard a pistol shot. I ran down the stairs and out into the back of the house, as I do when there is trouble, and wait until I think it is over. Then, after listening a while, everything perfectly quiet, I go out into the bar where I left them and it was empty; but on the floor I see a pistol; I look at it and it is discharged; then I go into the other rooms, no one. Then I hear the crowd crying, I look out the door--there I see him!"

It seemed to me I couldn't bear to hear any more, and I stopped my ears until I saw the lawyer for the prosecution sit down. But as soon as he was down the lawyer for the defense was on his feet, and had begun asking a lot of questions that seemed to me very foolish, and very little concerned with Johnny Montgomery. Then, without seeming to have made any point at all, Mr. Jackson sat down; the Mexican came down from the witness-stand, the judge left his place and went out through a door at the back, and a man who had been hovering on the outskirts of the lawyers' table, hurried to Mr. Dingley, and whispered something to him.

Instead of coming over to speak with us, as I had expected, Mr. Dingley went hastily out of the room. Father left me to speak with a man on the other side of the court; and, among all the standing and walking and going out, Johnny Montgomery and I were the only ones who sat quite still.

As yet I saw him in profile. He was leaning forward, his elbows on the table; now and then he ran his fingers through his hair. Once I thought he was going to drop his head in his hands; but after an instant's drooping he threw it up sharply with a sort of shake that tossed the long locks out of his eyes, and faced around in his chair and saw me. He didn't seem surprised at finding me there. I couldn't be sure that he had not known just where I was all the while; but though he looked at me so steadily it was not, somehow, like a stare.

He did not look, at me quite as if I were a human being, but as if I were a statue or a picture. He was the one who turned away. Then I sat looking at the back of his head.

There was a murmur of talk all through the room, but above it I heard two men behind me greeting each other.

One said, "Well, what's the game? Is she a stricken widow or a hopeful fiancee?"

"A little of both, I guess," the other answered. "She's been pretty good to Rood--ten years--but he was getting gray and fat, and the fair Carlotta herself is nearing the age when a woman begins to yearn for beauty and youth. There's one thing I will say for her, though, she seems, to be hard hit. I never saw the man Carlotta would turn her little finger over for before, and she's going in for acquittal with all she's got."

"It's scandalous, that's what it is!" I heard the first speaker bring down his fist on his open palm.

"Oh, I don't know," the other said. "I think it's pretty decent of her, and she may manage it. Great is Carlotta!'"

They moved away, and I sat still, staring stupidly at the back of Johnny Montgomery's head. The cool callous tones of the men knocked on my heart like blows. I was amazed at the familiar way they spoke of the Spanish Woman, in spite of all her dignity, and commanding beauty; but to hear them speaking of Johnny Montgomery as if he belonged too her was intolerable. It was ridiculous! Of course it might be that she was interested in his case, might even be in love with him; but that he should care for her--

I was so unnerved that I didn't notice father's reappearance until he leaned over and touched my arm.

"You will probably be called next," he said. Then, he must have felt me trembling and supposed it to be nervousness. "Remember, for the honor of the family," he whispered, smiling.

The lawyers and the men who had been writing were all coming back to their places; and then Mr. Dingley hurried in, and down the aisle to where we were.

"My dear Fred," he began; and then I couldn't hear any more, because he pulled father by the arm until they stood a little farther off from me, where they talked very earnestly for some moments. Father looked perfectly disgusted.

"Next time, be very sure before you order our presence in court," he said as he came back to his chair. "I am capable of great disagreeableness, as you know."

Mr. Dingley smiled and rubbed his hands, and said these little unexpected things would turn up. Then, as the judge was coming into the room, he hastened back into his place. Father threw his coat over his arm and said, "Come along, Ellie."

"What is the matter?" I asked.

"Oh, one of their infernal technical hitches. After insisting on your presence this morning, your testimony is not required."

I got up very slowly. I couldn't resist sending one glance toward where Johnny Montgomery was sitting, and as I did so he turned his head. It was the same quiet gaze he had given me before. It must have been only my fancy that saw something wistful in it; but I hated to go.

I felt as if I were leaving him alone in the hands of his enemies. It seemed impossible for me to remember that of all those enemies he had I was the very worst.

CHAPTER V

THE SECOND DAY IN COURT

As father and I crossed the lower hall, "Do you believe all these stories about the Spanish Woman are true?" I asked.

He looked at me quickly. "What stories?"