The Shasta courier., 1869-01-30

ness against him, 1 was for the first time
struck with the contrast between the two
men.
Cushman was sort of blonde-his hair
and complexion were fair, his features were
rather efeminate, and his whole bearing
only passable and plausible His eyes
were light blue-the very worst eyes in
the world, because you never know where
to find their owner. He had a quick, fur
tive way of raising his lashes and dropping
them again, as if to give you the idea that
he was half asleep and you might continue
your scrutiny of him at your leisure-he
should not notice you.
Matthew was what is called dark His
features were well cut. The mouth, shad-
ed but not hidden by the full dark NOUS
tache, was firm and resolute the aquiline
nose bespoke power, and the bright brown,
hair, which clustered around the white
forehead, was soft and wavy as any child's
His eyes were hazel-steady, true, earnest,
soulful eyes. You would never tire of look
ing into them.
Cushman gave his testimony in the
elaborate way which seemed peculiar to
him when speaking, and Matthews coun-
sci claimed the privilege of conducting the
cross examination, which was granted
The counsel was named Darcy, and it
seemed to me the greatest wonder in the
world that Matthew had elected him to
defend the case.
Darcy could not have been more than
four or five and twenty, and he was the
greenest looking specimen | have ever seen.
He was Connecticut Yankee with the
lightest, lankest hair, and the most ex-
pressionless pair of blue eyes in the world
prided myself not little on my power
Of Judging character by physiognomy, and
| at once set Darcy down for nobody.
/" Mr.. Cushman," he began, with a
strong nasal twang, "you say that it was
the prisoner at the bar whom you saw with
Mr.. Kirby on the night of the Goth of
October last %
+" SO stated, sir"
q" Are you positive that it was the pison-
er at the bar? What means have you for
81 deciding?"
What means? Why, I saw the man
as plainly as | see you" returned Cushman,
evidently nettled at Darcy's dogged per
sistence.
" 1t was dark night, 1 think you said
this night on which the murder was
done 2"
" Extremely dark but, as 1 have al
ready stated, the afray took place near the
White House Corner toll-gate, and the
lamp which is burning there gave light
enough to enable me to recognize both par
ties.
Perhaps Mr. Doan's dress may have
assisted you p suggested Darcy, with the
air of one who was little ashamed of HIM
self for something he had said, and wanted
! to make fair weather again.
"Yes," somewhat eagerly asserted the
witness, Z" Doane had on his white over
coat, with the black buttons, and that
made hime very conspicuous. There is
not another coat like it in town"
half rose in my seat as the witness
made this declaration, for on the night of
that fateful twentieth, when 1 had parted
from Matthew Doane, he was dressed en-
tirely in black cloth IS. | repressed my
inclination to speak, however, and sat
down again.
"A light overcoat," said Darcy, slowly,
light overcoat with black buttons"
And, glancing at his lean face which
was beginning to assume strength, and
power, and will, and at the dull eyes, which
CLEANED like steel, saw just behind him
the white eager face of Miss Atherton-
She stopped over him and spoke few rapid
words in his ear.
The countenance of Darcy underwent
most marvellous transformation, but he CON
trolled himself instantly, and turned to the
witness again
A light overcoat with black buttons,
eh %
There is no necessity to repeat my
words" said Cushman, almost angrily. II
think the Court fully understood my state
ment"
That is what desire the Court to do"
returned Darcy, with provoking coolness.
Indeed, L am very anxious that the
Court should understand that you distinct
ly stated, on oath, that on the night Of
October 10Th, in the year which is Just
past Matthew Doane had on light over
coat-a white overcoat, beg your pardon
for the change of wordng-with black but
| TONS"
appeal to the Court if am to be
thus brow-beaten and insulted?" exclaim-
ed Cushmau excitedly.
The Court has granted me liberty to
cross-examlne you, sir, and [ claim the
right to proceed in my own way, Just as /
please, said Darcy coolly, and drawing
himself up to his full hight until he tower,
ed head and shoulder above every other
man In the room "you have all heard
the statement of the witoess, and YOU have
all heard him repeat it and reiterate it. Yon
see ne firmly believesit And now. gentle
men OF the Court and friends at laIpe. T
have here witness who can prove
to your entire satisfaction that Mr..
Matthew Doane did not wear his white
overcoat with the black buttons on the
night OF the twentieth of last October, for
the reason that on the fifteenth of that
month the garment passed out of his pos
session into the custody of another person
who has had it under lock and key ever
since
l never saw such an excitement as Oar