Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-28
XIII.


I do not remember what explanation 1
gave for calling up Hefryville and giving
the necessary instructions for the packing
and forwarding of my bag, but 1 know l
escaped from the station without further
questioning, and started back to the hotel
more puzzled and troubled than l had been
at any time since the opening of the trial.
In the first place, 1 could not reconcile
Miss Frayne's words and actions with her
attitude of the preceding evening. She had
apparently appreciated the delcacy of my
position and the proprieties of the occasion
the moment the situation had been ex-
planned to her. and what had occurred since
should have absolutely sealed her lips. If
had been unwilling to hear anything con-
corning the case when 1 was confident of
being released from all connection with
ceive private information under the exist
ing circumstances. Had she merely tele
phoned to express her satisfaction at my
remaining on the jury or to comment on
my part in the proceedings she would have
been guilty of a grave breach of decorum.
But to force her condolences upon me
against my protest was almost unpardon-
able. Worst of all, her communication
If true, 1t vitality affected the case, and I
had not the slightest doubt of Its truth.
No one would make such statement UNI
less it was susceptible of proof. 1t not only
involved her In the case-it opened her to
suspicion and unthinkable possibilities.
Why had Barstow acted as though he
were ignorant of the facts? If he knew that
Alice Emory had not occupied her room on
the night of the murder, why had he al
lowed Gilbert to spend whole morning in
accommodating testimony based upon the
suppoSit,on that she and no other could
have passed through the window of that
room? Was he chlvalrously refusing to
drag Miss Frayne into the case? Barstow
did not impress me as chivalrous. but he
certainly would not imperil his clients
safety merely to save her friend from en-
barrassment. Was he holding the informa-
ton in reserve until the prosecution had
submitted all its proofs in order to make
the surprise as complete as possible? There
might be a certain tactical shrewd-
ness in this, but 1t seemed incredible that
he would risk anything for mere dramatic
effect.
with this evidence before it the grand
jury might never have indicted the woman
at ALA far more desirable end than any
surprise at her trial. It was inconcelva bic
that a lawyer of his experience would with
hold a fact vital to his client merely for the
purpose of making brilliant, spectacular
defense.
Yet was not this what the housekeeper
had complained Of in the interview at the
farm House? I distinctly remembered hear
ing her declare that he could and should
have prevented the indictment of his
client. Was he conducting this case in the
manner best calculated to enhance his
professional reputation regardless of the
QefenQdn nlgneSt interest! was Sne
merely a pawn in his legal game? Was
this the reason he would not-let his client
talk? Why did he want Madeleine Mapes
and Betty Field out of the way? Was 1t
because their presence would render an
aceluittal too easy, and interfere with his
plan to make capital and reputation out OF
seemingly difficult cause? No. They
both knew something about the blue dress
and possibly other matters unfavorable to
the defendant. Perhaps they knew who
occupied Miss Emory's room on Novem-
Der 2. Did Gilbert know it, too?
The silent question startled me into the
suspicion that he might be purposely ignor-
ing Miss Frayne's connection with the case
Was he capable of deliberate injustice
to one woman that he might save another
from disagreeable publicity and scandal?
The idea no sooner required to me than
I saw its absurdity. He had every rea-
son to welcome an excuse for abandoning
the Emory case, and Barbara Frayne had
equal reason for supplying him with all
the favorable Information In her posses
sion. Why had she not told him what
she had told me?
visibility Of reporting all I had heard to
the judge before the reopening of court,
but second thoughts convinced me that
such action was neither necessary nor ex-
pedient. My experience in attempting to
explain matters had not been calculated
TO encourage. further efforts In that direc-
ZION. His honor would probably again
inquire IL had formed any unalterable
opinion as to the guilt or innocence Of the
accused, and II replied In the negative
he would cut mo on without another word
Miss Frayne's message had not convinced
In all probability Il had merely given me
advance information OF Q point which Bar
stow would bring out Ia due season, and
II he did not could supply the omission