BITTER WATER
Major Swan may or may not have been a gifted soldier. History is silent on the point. But the surviving records of the court-martial with which we are concerned go to show that he was certainly not a gifted speaker. His vocabulary was limited, his rhetoric clumsy, and Major Carruthers denounces his delivery as halting, his very voice dull and monotonous; also his manner, reflecting his mind on this occasion, appears to have been perfectly unimpassioned. He had been saddled with a duty and he must perform it. He would do so conscientiously to the best of his ability, for he seems to have been a conscientious man; but he could not be expected to put his heart into the matter, since he was not inflamed by any zeal born of conviction, nor had he any of the incentives of a civil advocate to sway his audience by all possible means.
Nevertheless the facts themselves, properly marshalled, made up a dangerous case against the prisoner. Major Swan began by dwelling upon the evidence of motive: there had been a quarrel, or the beginnings of a quarrel, between the deceased and the accused; the deceased had shown himself affronted, and had been heard quite unequivocally to say that the matter could not be left at the stage at which it was interrupted at Sir Terence's luncheon-table. Major Swan dwelt for a moment upon the grounds of the quarrel. They were by no means discreditable to the accused, but it was singularly unfortunate, ironical almost, that he should have involved himself in a duel as a result of his out-spoken defence of a wise measure which made duelling in the British army a capital offence. With that, however, he did not think that the court was immediately concerned. By the duel itself the accused had offended against the recent enactment, and, moreover, the irregular manner in which the encounter had been conducted, without seconds or witnesses, rendered the accused answerable to a charge of murder, if it could be proved that he actually did engage and kill the deceased. Major Swan thought this could be proved.
The irregularity of the meeting must be assigned to the enactment against which it offended. A matter which, under other circumstances, considering the good character borne by Captain Tremayne, would have been quite incomprehensible, was, he thought, under existing circumstances, perfectly clear. Because Captain Tremayne could not have found any friend to act for him, he was forced to forgo witnesses to the encounter, and because of the consequences to himself of the encounter's becoming known, he was forced to contrive that it should be held in secret. They knew, from the evidence of Colonel Grant and Major Carruthers, that the meeting was desired by Count Samoval, and they were therefore entitled to assume that, recognising the conditions arising out of the recent enactment, the deceased had consented that the meeting should take place in this irregular fashion, since otherwise it could not have been held at all, and he would have been compelled to forgo the satisfaction he desired.
He passed to the consideration of the locality chosen, and there he confessed that he was confronted with a mystery. Yet the mystery would have been no less in the case of any other opponent than Captain Tremayne, since it was clear beyond all doubt that a duel had been fought and Count Samoval killed, and no less clear that it was a premeditated combat, and that the deceased had gone to Monsanto expressly to engage in it, since the duelling swords found had been identified as his property and must have been carried by him to the encounter.
The mystery, he repeated, would have been no less in the case of any other opponent than Captain Tremayne; indeed, in the case of some other opponent it might even have been deeper. It must be remembered, after all, that the place was one to which the accused had free access at all hours.
And it was clearly proven that he availed himself of that access on the night in question. Evidence had been placed before the court showing that he had come to Monsanto in a curricle at twenty minutes to twelve at the latest, and there was abundant evidence to show that he was found kneeling beside the body of the dead man at ten minutes past twelve - the body being quite warm at the time and the breath hardly out of it, proving that he had fallen but an instant before the arrival of Mullins and the other witnesses who had testified.
Unless Captain Tremayne could account to the satisfaction of the court for the manner in which he had spent that half-hour, Major Swan did not perceive, when all the facts of motive and circumstance were considered, what conclusion the court could reach other than that Captain Tremayne was guilty of the death of Count Jeronymo de Samoval in a single combat fought under clandestine and irregular conditions, transforming the deed into technical murder.
Upon that conclusion the major sat down to mop a brow that was perspiring freely. From Lady O'MOY in the background came faintly, the sound of a half-suppressed moan. Terrified, she clutched the hand of Miss Armytage, - and found that hand to lie like a thing of ice in her own, yet she suspected nothing of the deep agitation under her companion's, outward appearance of calm.
Captain Tremayne rose slowly to address the court in reply to the prosecution. As he faced his, judges now he met the smouldering eyes of Sir Terence considering him with such malevolence that he was shocked and bewildered. Was he prejudged already, and by his best friend? If so, what must be the attitude of the others? But the kindly, florid countenance of the president was friendly and encouraging; there was eager anxiety for him in the gaze of his friend Caruthers. He glanced at Lord Wellington sitting at the table's end sternly inscrutable, a mere spectator, yet one whose habit of command gave him an air that was authoritative and judicial.
