The Tale of Timber Town Part 67

"Was that suggestion acted upon?"

"No. Scarlett was willing to comply, but Zahn refused his offer."

"Why did he refuse?"

"He was frightened to trust himself with the prisoner."

"This is very important, Mr. Tomkinson. I must ask you to repeat the murdered man's exact words when he refused to accompany the prisoner to the field."

"I do not recollect his exact words. As nearly as I can remember, he said that he would rather run the risk of getting lost in the bush than be thrown over a precipice."

"Did you know they had quarrelled previously?"

"I learnt so, at the time to which I refer."

"Thank you, sir. Your evidence has proved to be valuable, very valuable indeed. I shall ask the witness no more questions, Your Honour."

Scarlett's counsel was contemplatively tapping his front teeth with his forefinger throughout this examination. He now rose, and informed the Judge that though he desired to ask the witness no questions at the present time, perhaps he might ask for him and the witness Amiria to be recalled at a later stage of the proceedings.

The next witness was a digger, a short man with a bushy, red beard. But even more extraordinary than the man's beard was his casual, almost insolent, bearing. He glanced at the Judge contemptuously, he looked pityingly at the jury, he regarded the barristers with dislike, and then he settled himself resignedly against the front of the witness-box, and fixed his eyes superciliously upon the Sergeant of Police.

"Are you the owner of a claim on Bush Robin Creek?"

"I am, and it's a good claim too." The witness evidently considered himself on familiar terms with the counsel for the Crown.

"Did you sell gold to Isaac Zahn?"

"I did, an' he give me 3 15s. an ounce. The result of a month's work, yer Honour."

"How much did you sell?"

"Forty-six ounces fifteen pennyweights; but, bless yer, I'd on'y begun to scratch the top of the claim."

The idea of the witness blessing the Crown Prosecutor convulsed the bar with merriment; but, looking straight at the witness, the Judge said, "I beg you to remember, sir, that you are in a Court of Law, and not in the bar of a public-house." To which admonition the digger was understood, by those nearest to him, to murmur, "I on'y wish I were."

"Was there anything unusual in the appearance of the gold that you sold to Zahn?"

"It was very 'eavy gold," replied the witness, "an' there was one nugget that 'e give me extry for, as a curio."

"Indeed," said the counsel, as though this fact was quite new to him.

"What was it like?"

"It weighed close on two ounces, an' was shaped like a kaka's head."

"What is a _kaka_, my man, and what shape is it's head?"

"I thought you'd ha' known--it's a parrot, mister."

"Would you know the nugget, if you saw it again?"

"'Course, I would," replied the witness with infinite contempt. "I got eyes, ain't I, an' a mem'ry?"

"Is that it?" The barrister handed a bit of gold to the witness.

"That's the identical nugget," replied the witness: "you may make your mind easy on that. I sold it to Zahn soon after he come to the field."

"Thank you," said the Crown Prosecutor, and, turning to the jury, he added, "That nugget, gentlemen, is an exhibit in the case, and is one of the effects found on the prisoner at the bar, when he was searched after his arrest."

The witness left the box amid a murmur of excitement, and from the gestures of the jurymen it was clear that his evidence had impressed them. The case against Scarlett wore a serious aspect, and the Crown Prosecutor, smiling, as though well pleased with his work, was preparing to examine witnesses to prove the prisoner's arrival at Canvas Town on the night of the murder, when there arose a considerable commotion amongst the public, by reason of a wild, unshorn man pushing his way violently towards the barrier. The Police Sergeant and his constables cried, "Silence in the Court!" but amid noisy protestations from the crowd, the ragged, struggling figure reached the barrier, vaulted over it, and stood on the floor of the Court. The barristers rose to stare at the extraordinary figure; the Judge, open-mouthed with astonishment, glared at everybody generally; the Sergeant made three strides towards the intruder, and seized him roughly by the arm.

"I desire to give evidence!" cried the disturber of the proceedings. "I wish to be sworn."

With his clothes in tatters and earth-stained, his boots burst at the seams and almost falling to pieces, his hair long and tangled, his beard dirty and unkempt, thus, in a state of utter disreputableness, he unflinchingly faced the Court; and the crowd, forgetful of the prisoner, Judge, and jury, gave its whole attention to him.

Beckoning with his hand, the Judge said, "Bring this man forward. Place him where I can see him."

The Police Sergeant led the would-be witness to the s.p.a.ce between the dock and the jury-box.

"Now, my man," said the Judge, "I imagine that you wish to say something. Do you wish to give evidence bearing on this case?"

"I do, Your Honour."

"Then let me warn you that if what you have to say should prove frivolous or vexatious, you will be committed for disturbing the Court."

"If what I have to say is irrelevant, I shall be willing to go to gaol."

The Judge looked at this ragged man who used such long words, and said sternly, "You had better be careful, sir, exceedingly careful. What is your name?"

"Benjamin Tresco."

"Oh, indeed. Very good. T-r-e-s-c-o-e, I presume," remarked the Judge, making a note of the name.

"No, T-r-e-s-c-o."

"No 'e'?"

"No, Your Honour; no 'e'."

"Benjamin Tresco, of what nature is the evidence you desire to give?"

"It tends to the furtherance of Justice, Your Honour."

"Does it bear on this case? Does it deal with the murder of Isaac Zahn?"

"It does."

"Would it be given on behalf of the Crown, or on behalf of the prisoner?"