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The Black Tortoise

Chapter 9 THE TRIAL

Word Count: 5945    |    Released on: 06/12/2017

e 2, 189-, appeared the fo

TORTOISE

overflowing, and a large number

will excuse our using the familiar name by which he is so well known-has been

persons who were to appear in the case were so well-known, that it was only to be expected that the proceedings would attract as many people as the court would hold. One could hardly imagine anything more sadly interesting than the pa

r. Monk, acting chief of the detective department, already a well-known and popular figure in our town, as much apprec

e case, and who, it is said, will give the most remarkable evidence ever heard in our courts of justice. The Englishman did not appear particularly edified with his task. From what I

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ase for the prosecution was stated, and the usual que

fairly audible voice. Then she was aske

nxiously for

the judge had to lean toward her a

, although scarcely more than a whisper, w

ted anything else? P

ecutor then beg

g to admit that in this respect little or no light had been thrown upon the matter. An uncommon article, an object of great value, in other words, the black diamond, which now lay on the judge's table, was stolen on May 10 from Mr. Frick, who was now present in court as a witness. The police were a

cupboard was not locked. He could prove by a means which seldom fell to the lot of the authorities, that the accused, in the time during which the theft had taken place, had been into the room and even opened the case where the diamond was kept. He could next prove that

nd was actually sold by the accused on

equence that she had retracted her confession, and had hitherto refused to give any explanation whatsoever; every experienced judge wou

money which the accused had received for the diamond and

be in accordance with the utmost rigour of the Law. The public prosecutor would, therefore, conclude with the request to the judge that he ask the accused most earnestly to give

en the public prosecutor sat dow

that no pressure would be brought to bear upon her, least of all to make her confess. This much, however, he felt it his duty to tell her, that she was certainly not acting in her own interests by maintaining sil

ut her face remained as impassive as that of a statue;

hing in her ear. She did not raise her eyes; her

resolution in this respect is not to be shaken. Whether this decision is wise or no, and whether or no it is taken by my advice, is not for the moment a subject for dis

ause, others admired her firmness, while many expressed astonishment at her audacity. As all the papers have already published detailed accounts of what happened at Villa Ballarat upon the day that the robb

defence understood that it would be hop

seven in the afternoon; but this attempt was stranded, upon the gardener's definite assurance that the gate had been locked the whole time, an

evidence of good character and behaviour for the accused. Mr. Frick and

en, in answer to a question by the c

d, and it would have been very easy for her to take any one of many of these, without fear of discovery. Her mere assertion that something had been lost would

ed as witness. Every one, of course, knew of the strange ci

Mr. Howell explained that he was a private gentleman and not a police spy. It was quite by an accident he had come to play a r?le in this

ring as witness. One could not help respecting his feelings; but since no lawf

d to the inevitable, and gave a short and clear account of how

ne, so that I shall not repeat his evidence "in extenso.

you do with the film after

pparatus, and took them to the photographer's to be developed. I

e accused whom you have photographed, but without you

accused a few times will see that s

e's table): "Is this the photograph in question,

ph in his hand and carefully

defence began: "Now, are you quite sure that when you photographed the acc

already explained myself suffi

that the picture represents my client, while you believed quite otherwise

fun on my part. Besides, I thought I recognized Miss Frick's jacket,-she had been in the habit of wearing a jacket trimmed with braid. Later, I

ure you now see here is the same as that you took on that occasion? T

er's," he exclaimed quickly, "it is the picture of what I saw in the museum. Whether it has been tampered with or not, I se

amined it carefully, and handed

urself at one time have doubted the identity of the person who stands in front of Mis

me when you took

: "Abou

e to give the time more exactly? Might it

I had taken the photograph I went up to my room, and was busy there for some time before I l

ot have been a littl

quite certain it was

e diamond in her hand? In the photograph the ob

somewhat higher, so that I was able to see it; afterward she lo

he defence seemed

e photographer, wa

d friends, bowed to the judge and court, and, the usual formalities having been observed

cognize this photograph? Has

, was given me to develop, by Mr. Howell, on the ev

ure that this photograph is an ex

it, I could not have produced anything else than what was to be seen in f

his examination, and the coun

he same one which you developed several weeks ago for

are my initials, then follows the date it was received, then the initial of Mr. Howell's name, from whom I received it, and lastly, the

r. Howell brought you. During the work, some of your people might have mixed Mr. Howe

will see, this picture is very clear and distinct, and I flatter myself that all the pictures which have passed

h first the room, then a person, and then transfer that person to the

this question-that each one of his questions was an attempt to clutch at a last straw in the interest of his client; but all understood also that each straw slipped out of his hand, one by one. The sam

e made a motion like one who washes his h

to the reputation he had already gained as a police officer. His evidence was calm, clear, and concise, as befits a policeman, and all listened with breathless attention to the account of how the young chief had taken upon himself the r?le of detective, and had not rested until Mr. Frick's diamond was in

girl in the dock should be acquitted, so paradoxical is human nature that the sa

ner seemed to vanish at the

her mother and her lover, the actor, to give evidence. Although their evidence was a voluntary matter, owing to the relation in which they stood to the accused, they both declared themselves willing to tell what they knew. Their evidence did no

mpression; and the counsel for the defence concluded their examination as soon as possible. The general impression was that he, for the defence, had o

*

ara was listening with her mouth open, and did not seem as if she would tolerate a

sked, "or will you allo

he end, first," was Monk's answer; and I heard by t

hear what happens," said Clara,

as fo

e defence was concluded, and the public pro

had preferred against the accused had been

nce had attempted to weaken these were but of little value. He did not believe for a moment the counsel for the defence would seriously question the responsibility of the accused. That the fee

at the police had not succeeded in ascertaining where the money for the stolen object had disappeared to, as this circumstance prevented any possible accomplices being brought to justice. It was likewise to be regretted that motives for the crime could not be s

or the defence. He seemed at first to be somewhat unce

n a very difficult position, and the one who made

ot know, was that she had maintained the same silence with regard to him, her counsel and adviser. He had not succeeded in getting a single word from her lips, except the assurance that she would say nothing, would answer no questions, and would give no information. "I thought it only right," continued

eeling how terribly hopeless her case is, through the strong appearances against her at almost every step, has found it expedient to draw within herself and keep silence, just as

me. It has been proved, says the public prosecutor, that no stranger could have gained admission there during that time; but can we be so sure of that? An agile man can easily climb over the railings-no one will deny that. The police examined the ground r

o it, and that must be sufficient. But-here is also a 'but,' just as there is a 'but' in all the so-called infallible circumstantial evidence against the accused-is, then, the word of an imbecile man in his second childhood to be fully depended upon-a man who immediately afterward is declared incapable of managing his own affairs; who is so infatuated with his mania that he, whose honesty is otherwise not for a moment to be doubted after a long life of spotless integrity, buys a diamond which he knows must have been stolen? Shall the evidence of such a man decide the fate of a human being? And besides, is this man's evidence quite impartial? We have heard, from

e thousand kroners, which he sa

ys my opponent; but on the whole he seems

iancé of my client was arrested in Copenhagen in consequence thereof; both she and her mother have been watched most closely-but still no clue. Are not these circumstances important? Is there not more t

hotographed on this film. The hat and the jacket which she wears were given to her by Miss Frick about six o'clock in the afternoon of the same day: this we know from the evidence; likewise that she wore the same clothes when she called on her mother between half-past six and seven. I admit there is a probability which approaches to certainty, that it

w that she also took

he house while she was serving the coffee in the afternoon, and then puts it back again and passes out through the garden, on her way to her mother? What if she, later on, after hearing of the robbery, understands tha

daring theft without any special motive? This young girl, who was not in need, and who in her master's house had found a home almost as if she were one of the fam

as due to an accidental circumstance of no significance, and

tering to him; from the audience came the sound of more than one hearty Bravo! while

and in which the links seem to fit exactly into each other, is in reality most often the weakest. I will ask the jury to bear this in mind. And I believe that

attempt to applaud him, but the judge quickly impos

had dictated the applause of the public-that is to say, admiration of the counsel's ability to make something out of nothing, or of an inc

idence in the intelligence of the jury that he would take it for granted they would have remarked, without his pointing it out to them, that where he had produced facts, or probabilities

fence then proceeded t

added the stainless life of his client, and the good character she bore from all quarters-no one had brought forward anything to the contrary-as well as the circumstance that no one had been able to show any particular motive for the young girl's suddenly committing a criminal act; and finally, that it had not been poss

d this time from the public. All seemed to be

All seemed to feel that their deliberations would be

bterfuges of a counsel, against proofs and facts as cl

rd her, and appeared to be urging something earnestly upon her; but she only sh

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