When Sir Gilbert Gildersleeve left Spa, he left with a ruddy glow of recovered health on his bronzed red cheek; for in spite of anxiety and repentance and doubt, the man’s iron frame would somehow still assert itself. When he took his seat on the bench in court that morning, he looked so haggard and ill with fatigue and remorse that even Elma Clifford herself pitied him. A hushed whisper ran round among the spectators below that the judge wasn’t fit to try the case before him. And indeed he wasn’t. For it was his own trial, not Guy Waring’s, he was really presiding over.

He sat down in his place, a ghastly picture of pallid despair. The red colour had faded altogether from his wan, white cheeks. His eyes were dreamy and bloodshot with long vigil. His big hands trembled like a woman’s as he opened his note-book. His mouth twitched nervously. So utter a collapse, in such a man as he was, seemed nothing short of pitiable to every spectator.

Counsel for the Crown stared him steadily in the face. Counsel for the Crown—Forbes-Ewing, Q.C.—was an old forensic enemy, who had fought many a hard battle against Gildersleeve, with scant interchange of courtesy, when both were members of the junior Bar together; but now Sir Gilbert’s look moved even HIM to pity. “I think, my lord,” the Q.C. suggested with a sympathetic simper, “your lordship’s too ill to open the court to-day. Perhaps the proceedings had better be adjourned for the present.”

“No, no,” the judge answered, almost testily, shaking his sleeve with impatience. “I’ll have no putting off for trifles in the court where I sit. There’s a capital case to come on this morning. When a man’s neck’s at stake—when a matter of life and death’s at issue—I don’t like to keep any one longer in suspense than I absolutely need. Delay would be cruel.”

As he spoke he lifted his eyes—and caught Elma Clifford’s. The judge let his own drop again in speechless agony. Elma’s never flinched. Neither gave a sign; but Elma knew, as, well as Sir Gilbert knew himself, it was his own life and death the judge was thinking of, and not Guy Waring’s.

“As you will, my lord,” counsel for the Crown responded demurely. “It was your lordship’s convenience we all had at heart, rather than the prisoner’s.”

“Eh! What’s that?” the judge said sharply, with a suspicious frown. Then he recovered himself with a start. For a moment he had half fancied that fellow, Forbes-Ewing, meant SOMETHING by what he said—meant to poke innuendoes at him. But, after all, it was a mere polite form. How frightened we all are, to be sure, when we know we’re on our trial!

The opening formalities were soon got over, and then, amid a deep hush of breathless lips, Guy Waring, of Staple Inn, Holborn, gentleman, was put upon his trial for the wilful murder of Montague Nevitt, eighteen months before, at Mambury in Devon.

Guy, standing in the dock, looked puzzled and distracted rather than alarmed or terrified. His cheek was pale, to be sure, and his eyes were weary; but as Elma glanced from him hastily to the judge on the bench she had no hesitation in settling in her own mind which of the two looked most at that moment like a detected murderer before the faces of his accusers. Guy was calm and self-contained. Sir Gilbert’s mute agony was terrible to behold. Yet, strange to say, no one else in court save Elma seemed to note it as she did. People saw the judge was ill, but that was all. Perhaps his wig and robes helped to hide the effect of conscious guilt—nobody suspects a judge of murder; perhaps all eyes were more intent on the prisoner.

Be that as it might, counsel for the Crown opened with a statement of what they meant to prove, set forth in the familiar forensic fashion. They didn’t pretend the evidence against the accused was absolutely conclusive or overwhelming in character. It was inferential only, but not circumstantial—inferential in such a cumulative and convincing way as could leave no moral doubt on any intelligent mind as to the guilt of the prisoner. They would show that a close intimacy had long existed between the prisoner Waring and the deceased gentleman, Mr. Montague Nevitt. Witnesses would be called who would prove to the court that just before the murder this intimacy, owing to circumstances which could not fully be cleared up, had passed suddenly into intense enmity and open hatred. The landlord of the inn at Mambury, and other persons to be called, would speak to the fact that prisoner had followed his victim in hot blood into Devonshire, and had tracked him to the retreat where he was passing his holiday alone and incognito—had tracked him with every expression of indignant anger, and had uttered plain threats of personal violence towards him.

Nor was that all. It would be shown that on the afternoon of Waring’s visit to Mambury, Mr. Nevitt, who possessed an intense love of nature in her wildest and most romantic moods—it’s always counsel’s cue, for the prosecution, to set the victim’s character in the most amiable light, and so win the sympathy of the jury as against the accused—Mr. Nevitt, that close student of natural beauty, had strolled by himself down a certain woodland path, known as The Tangle, which led through the loneliest and leafiest quarter of Mambury Chase, along the tumbling stream described as the Mam-water. Ten minutes after he had passed the gate, a material witness would show them, the prisoner Waring presented himself, and pointedly asked whether his victim had already gone down the path before him. He was told that that was so. Thereupon the prisoner opened the gate, and followed excitedly. What happened next no living eye but the prisoner’s ever saw. Montague Nevitt was not destined to issue from that wood alive. Two days later his breathless body was found, all stiff and stark, hidden among the brown bracken at the bottom of the dell, where the murderer no doubt had thrust it away out of his sight on that fatal afternoon in fear and trembling.

Half-way through the opening speech Sir Gilbert’s heart beat fast and hard. He had never heard Forbes-Ewing open a case so well. The man would be hanged! He felt sure of it! He could see it! For a while the judge almost gloated over that prospect of release. What was Guy’s life to him now, by the side of his wife’s and Gwendoline’s happiness? But as counsel uttered the words, “What happened next no living eye but the prisoner’s ever saw,” he looked hard at Guy. Not a quiver of remorse or of guilty knowledge passed over the young man’s face. But Elma Clifford, for her part, looked at the judge on the bench. Their eyes met once more. Again Sir Gilbert’s fell. Oh, heavens! how terrible! Eve............