The Nine of Hearts. Farjeon Benjamin Leopold
Attorney-general. "All the incidents of the day were unusual?"
Witness. "Very unusual. I thought them very strange."
The Attorney-general. "The question I am about to put is, in another form, partly a repetition of one you have already answered. Did you ever know the prisoner to come home in the carriage late at night with a strange lady-that is, with any other lady than his wife?"
Witness. "Never. With a gentleman sometimes, and sometimes with more than one gentleman; but never with a strange lady."
The Attorney-general. "He occasionally came home late with friends?"
Witness. "Oh yes; but then his wife was always with him."
The Attorney-general. "During the last few months was this usual?"
Witness. "No. Mrs. Layton was an invalid, and seldom drove out-not once during the last three or four months at night."
The Attorney-general. "On the day we have gone through-the 25th of March did you see anything of Mrs. Layton?"
Witness. "No, sir, she was seriously ill."
The Attorney-general. "That, however, is not within your personal observation?"
Witness. "No, sir. My duties were outside the house."
The Attorney-general. "The lady whom he brought home on the night of the 25th of March was not his wife?"
Witness. "No, sir. Mrs. Layton had been confined to her room for several weeks."
The Attorney-general. "You are quite positive on this point?"
Witness. "Quite positive, sir."
The Attorney-general. "That will do."
(To the surprise of every person in court, who expected that the witness would be subjected to a long cross-examination, the prisoner asked but few questions.)
Prisoner. "You say that at five minutes to twelve I came out of Prevost's Restaurant?"
Witness. "You and the lady, sir."
Prisoner. "It was a dark night?"
Witness. "It was, sir."
Prisoner. "Did I call for you?"
Witness. "No, sir. I saw you come out of the restaurant with the lady, and I drew up at once. I was within half a dozen yards of the door."
Prisoner. "When the lady and I got into the carriage, as you say, and I called out, Home!' you observed that my voice was thick and my manner flurried?"
Witness. "Yes, sir."
Prisoner. "Did it occur to you then, or does it occur to you now, that the voice which uttered that word was not my voice?"
Witness. "No, sir."
Prisoner. "You are certain it was my voice?"
Witness. "Yes, sir."
Prisoner. "I wore my ulster?"
Witness. "Yes, sir."
Prisoner. "You drove home, and you saw me open the street door with a latch-key and pass into the house with the lady?"
Witness. "Yes, sir."
Prisoner. "Still with my ulster on?"
Witness. "Yes, sir."
Prisoner. "Did I turn my face towards you?"
Witness. "No, sir."
Prisoner. "If I had done so, could you have recognized my features in the darkness?"
Witness. "Scarcely, sir."
Prisoner. "You know nothing more?"
Witness. "Nothing more, sir."
Prisoner. "I do not put the question offensively-you have been a good servant, and I have never had occasion to find fault with you-but you are positive that the version you have given of my later movements is correct?"
Witness (who appeared much distressed). "I am positive, sir."
Prisoner. "I have nothing more to ask, Moorhouse."
Witness. "Thank you, sir."
Re-examined. "You are a strict teetotaler?"
Witness. "Yes, sir."
The Attorney-general. "Did you take any ale or spirits during the day?"
Witness. "No, sir. I have touched neither for years."
The Attorney-general. "The prisoner's figure being familiar to you, and your eyesight being so strong that you could distinguish him in the darkness, is it likely that you could be mistaken in him on this night?"
Witness (reluctantly). "It is not likely, sir."
The Attorney-general. "Scarcely possible?"
Witness. "Scarcely possible, sir."
III
THE EVIDENCE OF ADOLF WOLFSTEIN, WAITER
The next witness called was Adolf Wolfstein, a waiter in Prevost's Restaurant.
The Attorney-general. "Your name is Adolf Wolfstein?"
Witness. "Yes."
The Attorney-general. "What is your trade?"
Witness. "I am a waiter."
The Attorney-general. "Where are you employed?"
Witness. "At Prevost's, in Church Street, Soho."
The Attorney-general. "How long have you been in employment there?"
Witness. "A little more than seven weeks."
The Attorney-general. "Do you remember the date on which you entered your present service?"
Witness. "Yes, it was the 25th of March."
The Attorney-general. "So that the 25th of March is impressed upon your memory?"
Witness. "It is for another reason impressed upon my memory."
The Attorney-general. "Simply answer the questions I put to you. You are a German?"
Witness. "No, I am French."
The Attorney-general. "But your name is German, is it not?"
Witness. "Wolfstein is. It was my father's name, who settled in France when he was a young man."
The Attorney-general. "You understand English perfectly?"
Witness. "Oh yes; perfectly. I spoke it when I was a boy."
The Attorney-general. "Look at the prisoner. Do you recognize him?"
Witness. "Yes."
The Attorney-general. "Did you see him on the 25th of March?"
Witness. "Yes. Monsieur came to the restaurant on that day."
The-Attorney-general. "At what hour?"
Witness. "At eleven o'clock at night."
The Attorney-general. "Was he alone?"
Witness. "No; monsieur had a lady with him."
The Attorney-general. "Did he occupy a private room? If you wish to explain yourself on this matter you can do so."
Witness. "I was coming down-stairs when I saw monsieur enter from the street with a lady. He looked about him, and seeing me, asked if he could have supper in a private room. I showed monsieur and madame up-stairs to a room in which I served."
The Attorney-general. "What occurred then?"
Witness. "I handed monsieur the menu."
The Attorney-general. "In English, the bill of fare?"
Witness. "Yes."
The Attorney-general. "What did he order?"
Witness. "Tortue claire."
The Attorney-general. "In English, clear turtle soup?"
Witness. "Yes."
The Attorney-general. "Did he consult the lady?"
Witness. "No."
The