“Is that the letter?” inquired Mr. Balfour, passing the note into her hands.
“It is, sir.”
“May it please the Court,” said Mr. Balfour, turning to the Judge, “the copy of this account-book is in my possession, and if the defendant persists in refusing to produce the original, I shall ask the privilege of placing it in evidence.”
During the examination of this witness, the defendant and his counsel sat like men overwhelmed. Mr. Cavendish was angry with his client, who did not even hear the curses which were whispered in his ear. The latter had lost not only his money, but the woman whom he loved. The perspiration stood in glistening beads upon his forehead. Once he put his head down upon the table before him, while his frame was convulsed with an uncontrollable passion. He held it there until Mr. Cavendish touched him, when he rose and staggered to a pitcher of iced water upon the bar, and drank a long draught. The exhibition of his pain was too terrible to excite in the beholders any emotion lighter than pity.
The Judge looked at Mr. Cavendish who was talking angrily with his client. After waiting for a minute or two, he said: “Unless the original of this book be produced, the Court will be obliged to admit the copy. It was made by one who had it in custody from the owner’s hands.”
“I was not aware,” said Mr. Cavendish fiercely, “that a crushing conspiracy like this against my client could be carried on in any court of the United States, under judicial sanction.”
“The counsel must permit the Court,” said the Judge calmly, “to remind him that it is so far generous toward his disappointment and discourtesy as to refrain from punishing him for contempt, and to warn him against any repetition of his offense.”
Mr. Cavendish sneered in the face of the Judge, but held his tongue, while Mr. Balfour presented and read the contents of the document. All of Mr. Belcher’s property at Sevenoaks, his rifle manufactory, the goods in Talbot’s hands, and sundry stocks and bonds came into the enumeration, with the enormous foreign deposit, which constituted the General’s “anchor to windward.” It was a handsome showing. Judge, jury and spectators were startled by it, and were helped to understand, better than they had previously done, the magnitude of the stake for which the defendant had played his desperate game, and the stupendous power of the temptation before which he had been led to sacrifice both his honor and his safety.
Mr. Cavendish went over to Mr. Balfour, and they held a long conversation, sotto voce. Then Mrs. Dillingham was informed that she could step down, as she would not be wanted for cross-examination. Mr. Belcher had so persistently lied to his counsel, and his case had become so utterly hopeless, that even Cavendish practically gave it up.
Mr. Balfour then addressed the Court, and said that it had been agreed between himself and Mr. Cavendish, in order to save the time of the Court, that the case should be given to the jury by the Judge, without presentation or argument of counsel.