Byrd Uses His Pencil Again.

Ay, sir, you shall find me reasonable; if it be so, I shall do that that is reason.

Merry Wives of Windsor.

“BYRD, you look dazed.”

“I am.”

Hickory paused till they were well clear of the crowd that was pouring from the court-room; then he said:

“Well, what do you think of this as a defence?”

“I am beginning to think it is good,” was the slow, almost hesitating, reply.

“Beginning to think?”

“Yes. At first it seemed puerile. I had such a steadfast belief in Mansell’s guilt, I could not give much credit to any argument tending to shake me loose from my convictions. But the longer I think of it the more vividly I remember the difficulties of the road he had to take in his flight. I have travelled it myself, you remember, and I don’t see how he could have got over the ground in ninety minutes.”

Hickory’s face assumed a somewhat quizzical expression.

“Byrd,” said he, “whom were you looking at during the time Mr. Orcutt was making his speech?”

“At the speaker, of course.”

“Bah!”

“Whom were you looking at?”

“At the person who would be likely to give me some return for my pains.”

“The prisoner?”

“No.”

“Whom, then?”

“Miss Dare.”

Byrd shifted uneasily to the other side of his companion.

“And what did you discover from her, Hickory?” he asked.

“Two things. First, that she knew no more than the rest of us what the defence was going to be. Secondly, that she regarded it as a piece of great cleverness on the part of Orcutt, but that she didn’t believe in it anymore — well, any more than I do.”

“Hickory!”

“Yes, sir! Miss Dare is a smart woman, and a resolute one, and could have baffled the penetration of all concerned if she had only remembered to try. But she forgot that others might be more interested in making out what was going on in her mind at this critical moment than in watching the speaker or noting the effect of his words upon the court. In fact, she was too eager herself to hear what he had to say to remember her r?le, I fancy.”

“But, I don’t see ——” began Byrd.

“Wait,” interrupted the other. “You believe Miss Dare loves Craik Mansell?”

“Most certainly,” was the gloomy response.

“Very well, then. If she had known what the defence was going to be she would have been acutely alive to the effect it was going to have upon the jury. That would have been her first thought and her only thought all the time Mr. Orcutt was speaking, and she would have sat with her eyes fixed upon the men upon whose acceptance or non-acceptance of the truth of this argument her lover’s life ultimately depended. But no; her gaze, like yours, remained fixed upon Mr. Orcutt, and she scarcely breathed or stirred till he had fully revealed what his argument was going to be. Then ——”

“Well, then?”

“Instead of flashing with the joy of relief which any devoted woman would experience who sees in this argument a proof of her lover’s innocence, she merely dropped her eyes and resumed her old mask of impassiveness.”

“From all of which you gather ——”

“That her feelings were not those of relief, but doubt. In other words, that the knowledge she possesses is of a character which laughs to scorn any such subterfuge of defence as Orcutt advances.”

“Hickory,” ventured Byrd, after a long silence, “it is time we understood each other. What is your secret thought in relation to Miss Dare?”

“My secret thought? Well,” drawled the other, looking away, “I think she knows more about this crime than she has yet chosen to reveal.”

“More than she evinced to-day in her testimony?”

“Yes.”

“I should like to know why you think so. What special reasons have you for drawing any such conclusions?”

“Well, one reason is, that she was no more shaken by the plausible argument advanced by Mr. Orcutt. If her knowledge of the crime was limited to what she acknowledged in her testimony, and her conclusions as to Mansell’s guilt were really founded upon such facts as she gave us in court to-day, why didn’t she grasp at the possibility of her lover’s innocence which was held out to her by his counsel? No facts that she had testified to, not even the fact of his ring having been found on the scene of murder, could stand before the proof that he left the region of Mrs. Clemmens’ house before the moment of assault; yet, while evincing interest in the argument, and some confidence in it, too, as one that would be likely to satisfy the jury, she gave no tokens of being surprised by it into a reconsideration of her own conclusions, as must have happened if she told the truth, the whole truth, and nothing but the truth, when she was on the stand to-day.”

“I see,” remarked Byrd, “that you are presuming to understand Miss Dare after all.”

Hickory smiled.

“You call this woman a mystery,” proceeded Byrd; “hint at great possibilities of acting on her part, and yet in a moment, as it were, profess yourself the reader of her inmost thoughts, and the interpreter of looks and expressions she has manifestly assumed to hide those thoughts.”

Hickory’s smile broadened into a laugh.

“Just so,” he cried. “One’s imbecility has to stop somewhere.” Then, as he saw Byrd look grave, added: “I haven’t a single fact at my command that isn’t shared by you. My conclusions are different, that is all.”

Horace Byrd did not answer. Perhaps if Hickory could have sounded his thoughts he would have discovered that their conclusions were not so far apart as he imagined.

“Hickory,” Byrd at last demanded, “what do you propose to do with your conclusions?”

“I propose to wait and see if Mr. Orcutt proves his case. If he don’t, I have nothing more to say; but if he does, I think I shall call the attention of Mr. Ferris to one question he has omitted to ask Miss Dare.”

“And what is that?”

“Where she was on the morning of Mrs. Clemmens’ murder. You remember you took some interest in that question yourself a while ago.”

“But ——”

“Not that I think any thing will come of it, only my conscience will be set at rest.”

“Hickory,”— Byrd’s face had quite altered now —“where do you think Miss Dare was at that time?”

“Where do I think she was?” repeated Hickory.

“Well, I will tell you. I think she was not in Professor Darling’s observatory.”

“Do you think she was in the glade back of Widow Clemmens’ house?”

“Now you ask me conundrums.”

“Hickory!” Byrd spoke almost violently, “Mr. Orcutt shall not prove his case.”

“No?”

“I will make the run over the ground supposed to have been taken by Mansell in his flight, and show in my own proper person that it can be done in the time specified.”

Hickory’s eye, which had taken a rapid survey of his companion’s form during the utterance of the above, darkened, then he slowly shook his head.

“You couldn’t,” he rejoined laconically. “Too little staying power; you’d give out before you got clear of the woods. Better delegate the job to me.”

“To you?”

“Yes. I’m of the make to stand long runs; besides I am no novice at athletic sports of any kind. More than one race has owed its interest to the efforts of your humble servant. ’Tis my pet amusement, you see, as off-hand drawing is yours, and is likely to be of as much use to me, eh?”

“Hickory, you are chaffing me.”

“Think so? Do you see that five-barred gate over there? Well, now keep your eye on the top rail and see if I clear it without a graze or not.”

“Stop!” exclaimed Mr. Byrd, “don’t make a fool of yourself in the public street. I’ll believe you if you say you understand such things.”

“Well, I do, and what is more, I’m an adept at them. If I can’t make that run in the time requisite to show that Mansell could have committed the murder, and yet arrive at the station the moment he did, I don’t know of a chap who can.”

“Hickory, do you mean to say you will make this run?”

“Yes.”

“With a conscientious effort to prove that Orcutt’s scheme of defenc............