Sheilah McLeod Part 23

Three days later the a.s.sizes commenced, and I learned from a warder that my case would be the last on the list. Mr Perkins had obtained an eminent Brisbane barrister to defend me, and I knew that, whatever the result might be, I should be able to say that I had had a good run for my money. The case had become widely known and had attracted an enormous amount of attention, so that when the morning of the trial came, and I entered the Court, I found it crowded to its utmost holding capacity.

The Judge sat on the bench, clad in his robes and wig--the barristers in their gowns and wigs occupied their usual positions. But though I looked along the rows of staring people for the face of someone I knew, I could see n.o.body. Then my heart gave a great leap, for in the front row of the gallery, heavily veiled, sat Sheilah and her father. I was just going to make a sign to show that I saw her--when the door of the dock opened again, _and who should be ushered in than Whispering Pete_. My astonishment may be imagined. I had thought him thousands of miles away by this time, and had as little counted on seeing him as of having the Wandering Jew in the dock beside me. He was looking very ill; his face was pinched and haggard, and his eyes were ringed with dark circles. He bowed gravely to the Court, and then coolly shook hands with me. As he did so the work of empannelling the jury commenced, and when this had been satisfactorily accomplished, and we had both been charged and pleaded not guilty, the trial commenced. In its early stages it differed but little from the magistrate's examination, save for the wrangling and disputing that went on between the barristers. A man who had seen me ride The Unknown in the race gave evidence, followed by the individual who had met us with Jarman on the road to Pete's house, the person who had heard the cry came next, then Pete's housekeeper, and the incident of the tablecloth, after which my father, who looked in even worse health than at the magisterial examination, gave his evidence in more than his usual irritable fashion. Betty and the incident of my clothes, the Government a.n.a.lyst, and the selector who had taken the horse from me followed in due order. The latter's complexion turned a sort of pea green when he was confronted with Pete. After that the Government a.n.a.lyst deposed to the finding of the blood upon the pack-saddle.

When he left the box a sensation was caused by the appearance of the owner of the horse Gaybird. In answer to questions put to him he described the clever way in which the robbery of his famous horse had been accomplished. His stud groom and stable boys, it appeared, had been drugged, and the horse, with his feet swathed in flannel bandages, had been ridden out of the loose box between two and three in the morning. A blacksmith's shop was next visited and broken into, and the forge fire lit. The horse had then been re-shod all round, the only difference being that the plates were put on backwards. The result of this was that when the police thought they were following the tracks, he had in reality been going in an exactly opposite direction. That was the last he saw of the animal until he heard that he had been discovered by the Queensland police on the Warrego River, and he had gone up to identify him. Some spirited cross-examination followed, but without doing either of us very much good. The witness then stepped from the box and a Sergeant of Police took his place.

The Crown Prosecutor glanced at his notes and prepared to question him.

'On Thursday of last week, the day following the examination of one of the prisoners before the magistrates at Barranda, you received certain information, and on the strength of it you left Marksworth with another trooper and a black tracker. In what direction did you proceed?'

'To the pool known as the Blackfellow's Well, on the old Barranda road,'

was the reply.

My heart turned to ice--a deadly cold sweat broke out all over me. What was coming now?

'Having arrived there, what did you do?'

'I dragged the well.'

'And what did you find?'

'A workman's shovel.'

The Crown Prosecutor took up a shovel from a heap of articles lying upon the table before him and handed it to the witness, who examined it.

'Is that what you found?'

'Yes! It is!'

'How do you recognise it?'

'By the brand upon the handle.'

'Very good. Now step down for one moment.'

The Sergeant did as he was ordered, and Timothy Cleary was called and took his place in the box. When he had been sworn, the Crown Prosecutor looked at him for a moment, and the examination proceeded as follows,--

_Crown Prosecutor._--'You describe yourself as a station hand. Were you ever in the employ of either of the prisoners?'

_Witness._--'I was!'

_Crown Prosecutor._--'Which one?'

_Witness._--'Mr Dempster.'

_Crown Prosecutor._--'When, and for how long?'

_Witness._--'It's difficult reckoning, sir, but 'twas in October two years back I went to him, and 'twas three months come next Tuesday that I left.'

_Crown Prosecutor._--'Very good. Now take this shovel in your hand and examine it carefully. Have you ever seen it before?'

_Witness._--'Many's the time, sir!'

_Crown Prosecutor._--'Whose property was it when you knew it?'

_Witness._--'Sure, it belonged to Mr Pete!'

_Crown Prosecutor._--'The elder prisoner you mean--Peter Dempster. You are on your oath, remember, and you swear to this?'

_Witness._--'I do, it's the truth sure I'm telling ye, sir, if it's my last word.'

_Crown Prosecutor._--'Never mind your last word. Tell me this: How is it that you are so certain that this particular shovel was the prisoner's property?'

_Witness._--'Because of the brand on the handle, and the burn just above the blade, sir! I put both on meself.'

_Crown Prosecutor._--'Acting on the elder prisoner's instruction, of course?'

_Witness._--'Of course, sir!'

_Crown Prosecutor._--'That will do. I have done with you.'

Our barristers immediately began to cross-examine, but elicited nothing of any importance.

The Inspector of Brands was next called and sworn. His evidence was to the effect that the brand upon the shovel was that registered in the elder prisoner's name, and after our counsel had stated that he had no desire to cross-examine him he withdrew, and the Sergeant of Police who had found the implement was recalled.

He informed the Court that after discovering the shovel in question in the well, he had inst.i.tuted a thorough and careful search of the locality. The result was that a rock on the hillside showed signs of having been tampered with and moved from its original position. This struck him as being curious, so he had it cleared away altogether. He then discovered that under where it had stood a large hole had been dug.

Here the excitement in Court became intense. I dared not look to right or left but stood staring straight before me at the Judge upon the bench.

'And having rolled away the stone, pray tell me what you found in that hole?' the Crown Prosecutor continued in the same remorseless voice.

'I found the decomposed body of a man sir!'

Great sensation in Court.

'And when you had made this alarming discovery, what did you do?' asked the Prosecutor.

'I brought it into Marksworth as quickly as possible.'

'Have you been able to discover whose body it was?'

'At the Coroner's inquest it was proved to be that of Jarman!'

'How was that proved?'

'By means of certain cards in a case,' the man answered, 'the name on the linen, certain letters in the pockets, and the inscription inside the cover of the watch.'

The witness then stepped down, and certain other people, strangers to me, were called. They affirmed that they had seen and identified the body as that of the Sydney detective, James Jarman.

Only one more witness remained to be examined, and he was now called. He informed the Court that he was a swagman, and that, on the night in question, he was camped near the main track on the outskirts of Barranda township. About a quarter past twelve o'clock, as nearly as he could fix it, he was awakened by the sound of horses approaching him at a smart pace. There was sufficient light for him to see that it was a man riding one horse and leading two others. The pack-horse on the right was loaded in the usual way; that on the left had a bulky package upon his back, and what looked very much like a shovel fastened to the top of it. On being asked by our counsel how he knew all this, he stated that he was lying under a tree scarcely ten yards distant from where the man pa.s.sed.

He could not say that he would know the rider again.