Chapter 23

SENSATIONAL EVIDENCE

Turning quickly, the judge advocate gave an order in an undertone to an attendant, who saluted and then followed Mrs. Lewis out into the hall. Warren leaned forward and spoke an encouraging word to Nancy; then settled back in his chair and fidgeted uneasily with his papers. He glanced covertly at her. Surely her frank, fearless eyes, her unruffled demeanor, hid no criminal act; and yet.... Angry with himself for permitting a doubt, he pulled out his watch and glanced at its face. A quarter of two....

At that moment the attendant reëntered the room, and delivered a message to the judge advocate, who rose and announced that the next witness called to the stand was Major Robert Goddard. All eyes were turned to the entrance as the folding doors opened and Goddard stepped into the room, leaning on his attendant's arm.

Wasted by his illness, Goddard's uniform hung loosely on him. He looked so changed, so pallid and worn, that Nancy dug her nails into her flesh to keep from crying. The attendant quickly guided him to the witness chair, then retired to the back of the room as the judge advocate stepped forward to administer the oath.

When the ceremony was over, Goddard sat down, and, leaning on his sword hilt, turned his head slowly, as if, not seeing, he were trying to locate by ear some familiar presence. Warren read his meaning, and in pity leaned forward and addressed Nancy by name. As her clear voice answered, Goddard turned instantly in her direction, and a quick bright smile lighted his wan face. Nancy half rose, but Warren's detaining hand checked her; and suddenly realizing that she was watched by dozens of curious eyes, she blushed hotly. Her confusion was noticed by the judge advocate, who smiled grimly to himself.

"State your full name, rank, and regiment," he began.

"Robert Goddard, Major, --th U.S. Cavalry."

"Your age and the year of your graduation from the Military Academy?"

"Thirty-five. I graduated from West Point in 1850."

"You know the accused?"

"I do, sir."

"When did you first meet her, and where?"

"I met Miss Newton on Monday night, the thirtieth of January, at Senator Warren's house."

"How long have you known Captain Lloyd?"

"We were school-mates together in New York. I should say I had known him for about twenty years all told."

"Have you seen much of each other in recent years?"

"Not very much. Our professions kept us apart."

"How did you happen to join him here?"

"I heard that he was here, and wrote him I was coming to Washington for a few days on leave, and he suggested that I room with him."

"Did Captain Lloyd tell you that he suspected the accused was a rebel spy?"

"He did, sir."

"And did you agree with him?"

"I did not."

"Have you had any cause since then to change your mind?"

"I object to that question," exclaimed Warren, heatedly.

"Objection not sustained," ruled the president. "Continue your examination, Mr. Judge Advocate."

"While in Winchester did you see anything in the prisoner's conduct which made you believe that she was acting as a spy?"

"No, sir; I _saw_ nothing in her conduct which would indicate that." Only Warren's keen ear caught the slight emphasis on "saw," and he drew a quick breath of relief when the judge advocate did not press the question.

"Did you escort the accused and her aunt to Winchester?"

"I did, sir."

"Did you see much of the accused while there?"

"Miss Newton and her niece came often to see me when I was convalescing from my wounds. I returned to Washington in the same train with them, but I have not met either of the ladies since we parted at the depot."

"Major Goddard, are you engaged to the accused?"

"I have not that honor," with quiet dignity, and a ripple of applause sounded through the room. Goddard's eyes strayed in Nancy's direction, but he could not see the rich color which mantled her pale face. She dropped her eyes instantly to hide their tell-tale message. If _he_ could not see, others should not.

"When did you last see Captain Lloyd?"

"In Winchester, the day before I returned here."

"Why did he not come back with you?"

"He did not inform me."

"Where were you on the afternoon of Monday, March 6th, last?"

"I went for a drive with my attendant, Donnally, and did not return to Mrs. Lane's until some time after four o'clock."

"State to the court what occurred after your arrival at the boarding house?"

"With Donnally's assistance I went directly to my room. He informed me that dinner was being served, but I had no appetite and did not care to go in and join a lot of strangers. When we reached the door of our sitting-room I told Donnally to go down stairs and get his dinner; that I would ring for him if I needed his assistance. I then entered the sitting-room and felt my way to a chair by the fireplace. There is not much furniture in the room, and I was familiar enough with my surroundings to find my way about without much difficulty----" he hesitated.

"Go on," prompted the judge advocate. "Tell your story in your own way."

"I have no idea how long I sat in that chair, whether it was five minutes or half an hour, for I was deep in thought," continued Goddard. "Without any warning my nose started bleeding--a way it has since I was wounded in the face by the explosion of a pistol. The bell was in the next room, so I felt my way to the communicating door and into the room...."

"One moment," interrupted the judge advocate. "Was the door closed?"

"Yes, sir; but not locked. I should judge I was about half way toward the fire place, where I knew the bell was hung, when I became conscious that there was some one in the bedroom with me.

"I cannot tell you exactly what it was," went on Goddard, after a slight pause, "that made me think that. I stood still for a moment and turned slowly around trying to trace the faint, very faint sound I thought I had heard. Then I lost my bearings. I could not remember in which direction the door was, nor where the fireplace was located."

"Why didn't you call out?" demanded the judge advocate, sharply.

"I was too confused. Only the blind can know and understand my feeling of over-powering helplessness," declared Goddard, earnestly. "I stepped forward, tripped, and fell with all my weight, striking against the iron fender before I could save myself. I knew nothing more until I regained consciousness the next day and found myself in bed, with a trained nurse in attendance."

Everyone in the court room followed Goddard's story with breathless interest. Nancy never took her eyes from his face; she sat as if hypnotized.

"What did you trip over, Major?" inquired the judge advocate.

There was a perceptible pause; then came the answer, "A foot-stool."

"Could you tell whether the sound you thought you heard in the room was made by a man or a woman?" asked the judge advocate, laying down his pen.

"I could not, sir. It was too intangible to even locate."

"I have finished my direct examination, Mr. Senator. Have you any questions to ask the witness?"

Warren wrote his message and gave it to the judge advocate.

"Did you know that Captain Lloyd was asleep in the next room?"

"No, sir; I did not even know he had returned to the city," replied Goddard.

Warren handed another slip to the judge advocate, who read its contents aloud: "His hat and overcoat were found in the sitting-room later that night. You were in that room, were you not?"

"I was, Mr. Senator; but you must remember I could not see. I did not pass my hand over all the chairs or other furniture in the room; otherwise I might have found his overcoat and hat."

"Could not your attendant, Donnally, have seen them?" wrote Warren.

"Certainly, Mr. Senator; but Donnally did not enter the room with me. He was standing in the hall when I went inside and closed the door."

"When did you first hear of Captain Lloyd's death?" was Warren's next question.

"Colonel Baker came in the next afternoon and told me."

"I have no further questions to ask this witness," announced Warren, after consulting Nancy.

When Goddard retired, his place was taken by his attendant, Donnally. He stated briefly that he had only accompanied Major Goddard to the sitting-room door; that he had not looked into the room, being in a hurry to return downstairs and get something to eat. No, he did not think it strange that Major Goddard did not ring for him. The major had said he was not hungry, and that he did not wish to be disturbed. He was not told that Captain Lloyd had returned. He knew absolutely nothing of what had happened upstairs in his master's room, because he had spent his entire time in the kitchen until he was sent for by the Secret Service agent, Symonds. Warren declined to cross-examine Donnally, and he was excused.

Symonds was then recalled to the stand. "Do you recollect, Symonds, whether the door leading from Captain Lloyd's bedroom into the rear hall was locked that night?"

"No, sir, it was not," replied Symonds, confidently. "It wasn't even closed. I found it ajar when I rushed over to open it, and call for assistance after I discovered Captain Lloyd was dead. And what's more," he added, "there was no key in the lock."

"Did you find any trace of the key?" inquired the judge advocate, quickly.

"Yes, sir. Doctor Ward wished to lock the room to prevent curious persons entering. So I searched the room, and finally found it on the mantel in the sitting-room half hidden by the clock. I guess Captain Lloyd was too exhausted to look about for the key, and decided to lie down without locking the door."

"Were the other doors also unlocked?"

"Yes, sir. I have already testified that they were not locked," and Symonds looked bewildered.

"Are you sure none of the furniture was upset in Captain Lloyd's bedroom, Symonds?"

"Absolutely positive, sir."

"That is all, Symonds; you may go. Orderly, ask Mrs. Lane to step here."

It was after three o'clock, but the judge advocate's manner was so full of suppressed excitement that Colonel Andrews refrained from adjourning the court.

"I will not detain you long, Mrs. Lane," said the judge advocate briskly. "Kindly tell the court what furniture was in Captain Lloyd's bedroom."

"Two beds, two chairs, a desk by the window, and two bureaus," replied Mrs. Lane, concisely and without hesitation.

"Are you sure that is all?"

"I am."

"Which hall does Captain Lloyd's bedroom door open into?"

"The back hall, sir."

"And where does that lead?"

"To the back stairs which go down into the kitchen."

"Do these back stairs go up to the third floor?"

"No, sir; only to the second floor."

"So that you have to pass Captain Lloyd's door every time you wish to go to the kitchen by way of the back stairs?"

"Yes, sir."

"You may go, Mrs. Lane. Orderly, tell Major Goddard that his presence is needed here."

Goddard was not long in coming, and with Donnally's assistance again made his way to the witness chair.

"Major Goddard," began the judge advocate, turning over the leaves of his book, "in your direct testimony you stated that when trying to find your way out of Captain Lloyd's bedroom you tripped over a foot-stool. Mrs. Lane has just testified that there was not such a thing in the room. Symonds has also testified that not one article of furniture that _was_ in the room was overturned or apparently disturbed in any way. Now, sir, kindly inform this court what you really _did_ trip over, and remember," he sternly admonished, "that you are under oath to tell the truth, the whole truth, and nothing but the truth."

Goddard grew white to the lips, and fingered his sword hilt nervously. Getting no answer to his question, the judge advocate repeated it. Still no reply.

"I will alter my question." The judge advocate's accusing voice rang through the tense silence. "Did you not trip over a dog belonging to the accused? I demand an answer, sir. Yes or no?"

For one brief second Goddard gazed with white set face in the direction of the judge advocate; then dropped his face into his trembling hand as he murmured: "Yes."