'Could he have been at Balooka on Thursday, or Wednesday, 18th, as was sworn by one witness?'
'Not unless he was a spirit. He came round to the claim, and said "good-bye" to me and the child on _Thursday evening_; would swear that to her dying day.'
'As to his being at Balooka, or any place a hundred miles off, it was a thing impossible. There were people in the court as wanted to swear away his life, any one could see. But there's Cousin Jacks enough at Growlers' to smash the gaol and the court-house too, if these things are to be carried on, and it would be seen yet (the witness said in her excitement) what would come of it.'
'Sergeant Dayrell would ask the witness no questions. The Bench would perceive the animus which coloured all the evidence.'
Mrs. Delf was next called. 'Her name was Mary Anne Delf; she had no call to be ashamed of it, and was the wife of the landlord of the "Diggers'
Rest." Know that gentleman?' pointing to Lance. 'Well, he always stayed at her house. Dined there with Mr. Stirling, Mr. Ross (of Bundalong Station), and Mr. Polwarth, on Thursday, the 19th of September last.
Remembered the day particular, because there had been a wash-up at "Number Six" the day before, and they had sold the gold to the bank, and had it weighed and settled up for.
'Was she a friend of Mr. Trevanion's? Yes; and she was proud to say so.
It was a pity all his friends weren't as straight, though she said it herself. But he was as innocent of all this duffing racket as Tottie Polwarth there.'
Here poor Tottie, hearing her name, turned her eyes away from the dock, where they had been resting sadly for a long time, and said audibly--
'Isn't Lance coming, mammy?'
This pathetic appeal, joined to a solitary glance from the prisoner, proved too much for Mrs. Polwarth's self-possession, and, seizing Tottie by the hand, she hurried from the court. Upon which Mrs. Delf, though unused to the melting mood, had recourse to her handkerchief, and sobbed aloud, as did various like-minded female sympathisers.
'Have you any other witnesses to call for the defence?' said the police magistrate, addressing Mr. England, as who should say, the case has lasted long enough.
'But one, your worship, but one. Call Esther Lawless.'
Again the densely packed assemblage was visibly moved. Here was another of those Lawless girls; and what evidence was she going to give? Surely an _alibi_ had been fully proved in Trevanion's favour already. What could shatter the evidence of Mr. Stirling and Polwarth, Mrs. Delf and Mrs. Polwarth? However, here she comes.
Tessie Lawless had not been so prominently before the public of Growlers' as her cousin Kate, but, none the less, from the extreme rarity of young and good-looking women at the earlier diggings, had she been an object of curiosity and admiration. Hence she was well known by sight and reputation, and her appearance in court was consequently of the nature of a romantic incident.
'Your name is Esther Lawless, and you were residing with your cousins, at Growlers', recently,' began Mr. England, with the suave deferential manner by which counsel are won't to placate the feminine witness, 'where you knew the prisoner, Lance Trevanion?'
'Yes, certainly, I know Mr. Trevanion. He was often at our camp.'
'He was on friendly terms with all of you?'
'Yes; too much so for his own good.'
'Why do you say that, Miss Lawless?'
'Because my cousin Edward was not honest in his dealings, and I thought Mr. Trevanion might be drawn in, unwarily, as he has been, I am sorry to say.'
'Can you say anything as to the purchase of the bay H. J. horse, stated to have been stolen from Mr. Herbert Jeffreys?'
'Yes; I wrote out the receipt which Edward gave Mr. Trevanion when he bought the horse for fifty pounds from him. He was then described as purchased from Henry Jones, of Black Dog Creek.'
'How did you come to write the receipt in your cousin's presence?'
Here the witness paused for an instant, as if hesitating what to answer.
Then she said, 'I was always in the habit of doing any writing that was necessary.'
'But why? for what reason?' persisted Mr. England.
'_Because none of my cousins can read or write._'
As this announcement was made, evidently with reluctance, by the girl, over whose ordinarily colourless countenance a flush rose as she spoke, all eyes were turned towards Kate Lawless, who was sitting upon a bench reserved for witnesses, and afterwards in the direction of Ned. The latter celebrity smiled faintly, as if the higher education thus implied was comparatively unimportant. But on his sister the effect of the disclosure was widely different.
She turned her face quickly, and, as she did so, her eyes sparkled and her set lips expressed--if not anger, malice, and all uncharitableness--at least a far from benevolent intention towards the speaker. Making as if to rise, but repressing herself with a strong effort, she assumed a scornful attitude, as if prepared to listen with resignation.
'Do you remember any conversation with reference to the horse?'
'Yes; Mr. Trevanion asked where Henry Jones lived, and whether he had any more horses of the same breed. Ned answered that he lived at Monaro, and that he would have some more to sell when he bought his next draught from him.'
'You believe, then, that Trevanion had no idea that the horse was stolen?'
'No more than you had. He said over and over again that he must get another or two from Jones.'
'Now, Miss Lawless, you need not answer this question unless you like.
_Did you know_ that the horse was stolen?'
'No, I did not, or I would have warned Mr. Trevanion. I may have doubted whether everything was quite square about him; but I never thought for a moment that he was stolen.'
'May I ask you, also, what reason you were likely to have for warning Mr. Trevanion?'
'Merely that I had a friendly feeling for him, and did not wish to see him taken in.'
'A very good reason, too. Now there has been evidence to the effect that Mr. Trevanion admired your cousin Kate; that he paid her a good deal of attention?'
'Yes; no doubt he did.'
'You must excuse my asking you, but it is necessary to come to a correct understanding; was there any rivalry or jealous feeling between you?'
'Not the slightest. He was polite--he couldn't be otherwise; but he never cared two straws about me, or any one but Kate, though I was his real friend; but he never knew it.'
'Was there not a letter from Kate Lawless sent by your hand to him, after she had left for Balooka?'
'Yes; but she had to get some one to write it for her. I had a great mind not to deliver it. I wish now that I never had, and all this might have been saved.'
'That will do, Miss Esther. Stay--one more question. You had never, of course, seen Mr. Trevanion in company with your cousins before you came to Ballarat?'
It occasionally happens that an advocate, in putting a question which he believes to be perfectly innocuous, makes some fatal mistake which damages the whole of his previous evidence. The witness changed colour, and hesitated, then appeared to wish to avoid answering the question.
Mr. England divined the situation. 'It's of no consequence. The witness is not strong. You can go down, Miss Lawless.'
But it was too late. Dayrell was not the man to overlook a false move.
'I request that the witness's answer may be taken.'
'As the question has been asked, Mr. England, I think it should be answered,' said the magistrate. 'I will put it myself from the Bench.'
'Have you at any time, witness, seen the prisoner Trevanion in company with your cousins, before the family came to Ballarat?'