'You swear that?'
'Yes,' looking her interlocutor full in the face. 'Yes, I swear that.'
Her face as she pronounced the words grew fixed and more intense of expression. She changed colour, then gasped for breath, staggered, and before any man near her was quick enough to intercept her swaying form, fell, as one dead, her full length upon the floor.
'The strain has been too great for her, she has fainted,' said the sergeant. 'The witness is unable to bear further cross-examination at present. Your worship must see that. I pray for a remand of the prisoners, and will undertake that the witness appears to-morrow at ten o'clock and submits herself to the cross-examination.'
'No doubt,' said the magistrate, 'the position is most distressing, but I shouldn't have expected Miss Lawless to faint on any occasion.
However, she is certainly not in a state to bear more of the witness-box to-day. The prisoners stand remanded till to-morrow morning at ten o'clock.'
The unwilling crowd gradually left the building, when much various comment arose as to the guilt or otherwise of the accused.
'Wait till England gets at that Kate Lawless,' said a digger, 'he'll turn her inside out. I don't believe half of what she says. She's gone back on Trevanion for some reason or other; now she'd hang him if she could. That's a woman all over.'
'Serve him right for havin' no more sense than to go runnin' after a bush filly like her instead of minding his business. It'll learn him better if he gets lagged over the job; it looks bad for him, now, don't it?'
'It's dashed hard lines, I say,' answered his mate, 'that a fellow should get jugged just for a bit of foolishness-like, as none of us are above now and then. I'll never believe he knew that bay horse wasn't square, and it'll be a burning shame if he gets into it.'
The day and the hour arrived. Again the crowded court--friends, foes, strangers, and acquaintances, all were there. Lance's friends from Growlers' mustered in force--Mr. Stirling, Jack Polwarth, Mrs. Polwarth, and poor Tottie, who stretched forth her little hands with a piteous gesture and then burst into tears as she saw her friend Lance placed in the dock and shut in. The crowd was visibly affected by this little incident, and more than one woman's tears flowed in unison with Mrs.
Polwarth's, who bent her head down and sobbed unrestrainedly. When Kate Lawless, pale but composed, appeared and took her place in the witness-box a menacing murmur ran through the crowd, and sounds ominously like hisses made themselves audible. These were quickly repressed as Mr. England, stepping forward, commenced his cross-examination.
Fixing his eyes searchingly upon the girl's defiant face, he thus began--
'You said, I think, in your examination in chief that you knew the prisoner, Trevanion, well?'
'Yes; so I did.'
'Now, when you say you knew him well, do you mean us to believe that you were only ordinary friends and no more?'
'I mean what I said; we were very friendly--all the time we were at Growlers'.'
'That's all very well, but I must have more. You know something of life, Miss Lawless, though you've lived in the bush all your days. Now didn't this unfortunate young gentleman make love to you?'
'Well, I suppose he did.'
'And you returned it, or gave him to understand that you did?'
'I did like him very much. There was no reason why I shouldn't, was there?' Here Miss Kate looked coolly at the barrister, who, trained gladiator as he was, doubted whether he had ever had to deal with a keener antagonist.
'I am not here to answer questions,' he said, very gravely. 'You are to reply to mine, as his worship will tell you.'
'Then I am to understand that you and he considered yourselves sweethearts (as the familiar expression goes) when you were at Growlers'?'
'Yes, and afterwards.'
'And you have had no quarrel or misunderstanding?'
'No; none at all.'
'You wish his worship to believe that?' said the barrister, in sterner tones. 'To believe that you come here prepared to swear at the dictation of Sergeant Dayrell everything that he puts into your mouth which can tell against this unfortunate young man--your sweetheart, as you have admitted?'
'I don't care whether you believe it or not. It's the truth.'
'And your feelings have not changed towards him? Will you swear that?'
The girl hesitated. Her face flushed, then paled, her bosom heaved. She placed her hand upon her heart as if to still its beatings.
'No,' she answered, with a changed voice; 'I won't swear that.'
'Thank you, Miss Lawless. I will not trouble you with further questioning. That admission gives the key to the more important points of your evidence.'
As the girl moved back from the witness-box she was stopped by one of the constables and requested to sign her deposition. It was noticeable then that her hand trembled so that she could hardly hold the pen. She made this an excuse for requesting the clerk to write her name, to which she affixed her mark, as in such case made and provided.
The case for the Crown being closed, Mr. England proceeded to call the witnesses for the defence. The first name was that of Charles Stirling.
He came forward with a firm, confident air, tempered with respect to the court. Placed in the witness-box, his evidence was to this effect--
'My name--Charles Stirling, manager of the Growlers' Gully branch of the Australian Joint-Stock Bank. Have known the prisoner, Trevanion, intimately since his occupation of Number Six claim. Have a high opinion of him as a man of honour and a gentleman. Remember him purchasing the bay horse now proved to have been stolen from Mr. Jeffreys. Was consulted as to the purchase. Advised him then to be careful about Lawless's receipt, and to satisfy himself from whom he (Lawless) had purchased the animal. Trevanion was unwilling to believe anything against the Lawless family, and was not a man to be guided by others. As far as he knew, he was scrupulously upright and honourable. He (Stirling) was never so surprised at anything in his whole life as when he heard that Trevanion was in the hands of the police. There must be a mistake somewhere. Prisoner had a large balance to his credit in the Joint-Stock Bank. There could be no motive for saving a paltry fifty pounds by purchasing a stolen horse. If it was sworn that Trevanion had been seen at Balooka on the 19th September or previously, that statement was false, as on that day he had been all the morning at the Joint-Stock Bank disposing of a parcel of gold, seeing it weighed, and the money placed to credit.'
Cross-examined by Sergeant Dayrell: 'He was as certain that Trevanion was at his bank at Growlers' on Thursday as that he himself was at court now. Any one who swore otherwise was deceived, or else had reasons of their own for committing perjury. He did not intend to be other than respectful to the court, but felt so strongly in this matter that he could scarcely control his words. Was not aware, of his own knowledge, that Trevanion was in the habit of gambling with the Lawlesses for heavy stakes. May have heard something of the sort. Most of the young men at the diggings played a little; it afforded a relief to the monotony of their lives, and they (as far as he knew) never went very deeply into it. Was a friend--he might say a particular friend--of prisoner's. He and his mate, Mr. Polwarth, were customers of his bank. Neither had ever owed his bank money, they were always depositors.'
John Polwarth, sworn: 'Was mate and partner in "Number Six, Growlers'"
with Mr. Trevanion. Had known him in England. Came out in the same ship.
Could swear that he never knew the horse "Pendragon" was stolen. He was a gentleman, and couldn't steal a horse if he tried ever so hard; or buy a stolen one, knowingly. He had been with Mr. Trevanion at the bank all the morning of Thursday, 19th inst. Mr. Stirling was there, and a clerk.'
'Was he sure it was him?'
'Was he sure the judge was on the Bench now?'
'How did he explain the fact of prisoner Trevanion being seen at Balooka on Wednesday, 18th, and previously?'
'Only by believing it to be "a straight lie," or that the witness saw some one very like Trevanion.'
'Very like Trevanion?'
'Very like.'
The witness appeared to be recalling something in his mind.
'Ar hev it noo, boys,' quoth he, suddenly looking towards the Bench, 'I humbly beg your worship's pardon, but this terrible business has put things out of my head like. I see how it's all come about. There was a chap aboard the _Red Jacket_, about a year older than Mr. Trevanion then, as like him as two peas. Danged if I doan't believe it's he as have been riding about with Ned Lawless here, and all the while he's been taken for Master Lance. The name of the man he meant was Lawrence Trevenna; came from North Devon, he did, though he had a Cornish name.
Had never set eyes on him since the day they landed in Melbourne. Never liked him; thought it was a case of good riddance of bad rubbish.
'Was a friend of Mr. Trevanion's; he wouldn't call him prisoner--not for no man; any way he wasn't committed for trial yet; always would be a friend--in gaol or out of it; but would not swear to a lie for him or any other man--not if it was his own brother.'
Gwennyth Polwarth was then called, and up came the poor woman--sore abashed and troubled--with Tottie clinging to her, and refusing to be separated from her mother.
'Yes, she and her husband had come out with Mr. Lance. When in the _Red Jacket_ had made it up to be mates. Mr. Trevanion, though he was a grand gentleman at home, worked as hard in the claim as any man on the field; would never believe that he had aught to do with a stolen horse. It was that Ned Lawless there, and his bold gipsy of a sister. I say it to their faces, as I have often warned him against, that's got him into this trouble.'