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At first Mrs. Fitzpatrick was most reluctant to appear in court.
"Sure, what would I do or say in the face av His 'Anner an' the joorymin, with niver a word on the tongue av me?"
"And would you let the poor man go to his death?" cried O'Hara, proceeding to draw a lurid picture of the deadly machinations of the lawyer for the Crown, Rosenblatt and their a.s.sociates against this unfortunate patriot who, for love of his country and for the honour of his name, had sought to wreak a well-merited vengeance upon the abject traitor.
Under his vehement eloquence Mrs. Fitzpatrick's Celtic nature kindled into flame. She would go to the court, and in the face of Judge and jury and all the rest of them, she would tell them the kind of man they were about to do to death. Over and over again O'Hara had her repeat her story, emphasising with adjurations, oaths and even tears, those pa.s.sages that his experience told him would be most effective for his purpose, till he felt sure she would do full credit to her part.
During the trial the court room was crowded, not only with the ordinary morbid sensation seekers, but with some of Winnipeg's most respectable citizens. In one corner of the court room there was grouped day after day a small company of foreigners. Every man of Russian blood in the city who could attend, was there. It was against the prisoner's will and desire, but in accordance with O'Hara's plan of defence that Paulina and the children should be present at every session of the court. The proceedings were conducted through an interpreter where it was necessary, Kalmar pleading ignorance of the niceties of the English language.
The prisoner was arraigned on the double charge of attempted murder in the case of Rosenblatt, and of manslaughter in that of the dead Polak. The evidence of Dr. Wright and of Sergeant Cameron, corroborated by that of many eyewitnesses, established beyond a doubt that the wound in Rosenblatt's breast and in the dead Polak's neck was done by the same instrument, and that instrument the spring knife discovered in the bas.e.m.e.nt of Paulina's house.
Kalmar, arrayed in his false black beard, was identified by the Dalmatian and by others as the Polak's partner in the fatal game of cards. Staunton had little difficulty in establishing the ident.i.ty of the black-bearded man who had appeared here and there during the wedding festivities with Kalmar himself. From the stupid Paulina he skilfully drew evidence substantiating this fact, and though this evidence was ruled out on the ground that she was the prisoner's wife, the effect upon the jury was not lost.
The most damaging testimony was, of course, that offered by Rosenblatt himself, and this evidence Staunton was clever enough to use with dramatic effect. Pale, wasted, and still weak, Rosenblatt told his story to the court in a manner that held the crowd breathless with horror. Never had such a tale been told to Canadian ears. The only man unmoved was the prisoner. Throughout the narrative he maintained an att.i.tude of bored indifference.
It was not in vain, however, that O'Hara sought to weaken the effect of Rosenblatt's testimony by turning the light upon some shady spots in his career. In his ruthless "sweating" of the witness, the lawyer forced the admission that he had once been the friend of the prisoner; that he had been the unsuccessful suitor of the prisoner's first wife; that he had been a member of the same Secret Society in Russia; that he had joined the Secret Service of the Russian Government and had given evidence leading to the breaking up of that Society; that he had furnished the information that led to the prisoner's transportation to Siberia. At this point O'Hara swiftly changed his ground.
"You have befriended this woman, Paulina Koval?"
"Yes."
"You have, in fact, acted as her financial agent?"
"I have a.s.sisted her in her financial arrangements. She cannot speak English."
"Whose house does she live in?"
Rosenblatt hesitated. "I am not sure."
"Whose house does she live in?" roared O'Hara, stepping toward him.
"Her own, I think."
"You think!" shouted the lawyer. "You know, don't you? You bought it for her. You made the first payment upon it, did you not?"
"Yes, I did."
"And since that time you have cashed money orders for her that have come month by month?"
Again Rosenblatt hesitated. "I have sometimes--"
"Tell the truth!" shouted O'Hara again; "a lie here can be easily traced. I have the evidence. Did you not cash the money orders that came month by month addressed to Paulina Koval?"
"I did, with her permission. She made her mark."
"Where did the money go?"
"I gave it to her."
"And what did she do with it?"
"I don't know."
"Did she not give you money from time to time to make payments upon the house?"
"No."
"Be careful. Let me remind you that there is a law against perjury. I give you another chance. Did you not receive certain money to make payments on this house?" O'Hara spoke with terrible and deliberate emphasis.
"I did, some."
"And did you make these payments?"
"Yes."
"Would you be surprised to know, as I now tell the court, that since the first payment, made soon after the arrival in the country, not a dollar further had been paid?"
Rosenblatt was silent.
"Answer me!" roared the lawyer. "Would you be surprised to know this?"
"Yes."
"This surprise is waiting you. Now then, who runs this house?"
"Paulina Koval."
"Tell me the truth. Who lets the rooms in this house, and who is responsible for the domestic arrangements of the house? Tell me,"
said O'Hara, bearing down upon the wretched Rosenblatt.
"I--a.s.sist--her--sometimes."
"Then you are responsible for the conditions under which Paulina Koval has been forced to live during these three years?"
Rosenblatt was silent.
"That will do," said O'Hara with contempt unspeakable.
He could easily have made more out of his sweating process had not the prisoner resolutely forbidden any reference to Rosenblatt's treatment of and relation to the unfortunate Paulina or the domestic arrangements that he had introduced into that unfortunate woman's household. Kalmar was rigid in his determination that no stain should come to his honour in this regard.
With the testimony of each succeeding witness the cloud overhanging the prisoner grew steadily blacker. The first ray of light came from an unexpected quarter. It was during the examination of Mrs. Fitzpatrick that O'Hara got his first opening. It was a master stroke of strategy on his part that Mrs. Fitzpatrick was made to appear as a witness for the Crown, for the purpose of establishing the deplorable and culpable indifference to and neglect of his family on the part of the prisoner.
Day after day Mrs. Fitzpatrick had appeared in the court, following the evidence with rising wrath against the Crown, its witnesses, and all the machinery of prosecution. All unwitting of this surging tide of indignation in the heart of his witness the Crown Counsel summoned her to the stand. Mr. Staunton's manner was exceedingly affable.
"Your name, Madam?" he enquired.
"Me name is it?" replied the witness. "An' don't ye know me name as well as I do mesilf?"
Mr. Staunton smiled pleasantly. "But the court desires to share that privilege with me, so perhaps you will be good enough to inform the court of your name."