The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-05


ciety he would feel for a person in my
position. He wouldn't allow these beasts
or lawyers to badger and poster me.
he would back his order. But Rhada-
manth is one of your modern sort of
judges, who make merit of being
what they call conscientious and won't
hush up anything. I admit I'm afraid
of him. ] shall be glad when it's over. "
'Oh. you'll pull through all right"
said in my capacity as secretary. But
| didn't think it.
was brought in. Every eye seemed
bent upon him. He was neatly and
plainly dressed and. rogue though he
was, [ must honestly confess he looked
at least a gentleman. His manner was
defiant, not abject like Charles. He
knew ne was at bay, and he turned
like a man TO face his accusers.
We had two o. three counts on the
charge, and after some formal business
Sir Charles Vandrift was put into the
box to bear witness against Fingle-
more.
Prisoner was unrepresented. Counsel
had been offered him, but he refused
their aid. The judge even advised him
to accept their help, but Colonel Clay.
as we all called him mentally still. de-
clined to avail himself of the Judges
suggestion. H
Il am barrister myself, my lord, -
he said-"called some nine years ago.
/ can conduct my own defense, VEN
ture to think, better thany any of these
my learned brethren"
Charles went through his examina-
tion-in-chief quite swimmingly. He an
swered with promptitude. He Identified
the prisoner without the slightest hesi-
tation as the man who had swindled
him under the various DISCUSSES of the
Rev. Richard Peploe Brabazon, the
Hon, David Granton, Count Won Leben-
stein, Professor Sehleiermacher, DIR.
Quackenboss. and others. He had not
the slightest doubt of the mans iden-
tity. He could swear TO him any
where.
/ thought, for my part, he was ia
trifie too cocksure. A certain amount
of hesitation would have been better
policy. As to the various swindles, he
detailed them in full, his evidence to
be supplemented. by that of bank Off
Gals and other subordinntes. In short,
he left Finglemore not a single leg to
stand upon.
When it came to the cross-examina-
ton, however, matters began to assume
quite a different complexion. The pris-
identifications. Was he sure of hiS
man? He handed Charles a photo
graph.
rs that the person who represented
himself as the Rev. Richard Peploe
| Brabazon?" he asked, persuasively.
Charles admitted it without a mo-
ment's delay.
Just at that moment a little par
son, WHOM I had not noticed till then,
rose up, unobtrusively, near the middle
of the court. where he was seated be-
| side Cesarine.
Look at that gentleman the pris-
oner said, waving one hand, and pounc-
ing upon the prosecutor.
! Charles turned and looked at the per-
/ son indicated. His face grew still
whittier. 1t waste all outer appear
ance-the Rev. Richard Brabazon in
propria persona.
OF course / saw the trick This was
the real parson upon whose outer man
Colonel Clay had modelled his little GU
rate. But the jury was shaken. And
so was Charles for moment
| Let the jurors see the photograph 81
the judge said, authoritativeIy.
1t was passed round the jury box,
and the judge also examined it, We
| could see at once, by their faces and
! attitudes, they all recognized it as the
! portrait of the clergyman before them
not of the prisoner in the dock, who
| stood there smiling blandly at Charles
discontinue.
The clergyman sat down. At the
same moment the prisoner produced a
| second photograph.
Now, can you tell me who that is?
/ he asked Charles, in the regular brow
beating Old Bailey voice.
With somewhat more hesitation
! Charles answered, after a pause:
THAT is yourself as you appeared in
London when you came in the disguise
of the Graf Won Lebenstein.'
This was crucial point, for the Le-
bernstein fraud was the enc count or
which our lawyers relied to prove thei1
case most fully, within the jurisdie-
ton.
Even while Charles spoke, a gentle
man whom / had noticed before. sitting
beside White Heather" with a hand
kerchief to his face, rose as abruptly
as the pdrson. Colonel Clay indicated
him with graceful movement of the
hand.
And this gentleman" he asked
calmly.
Charles was fairly staggered. 1t was
| the obvious original CT the false Won
EeDenSteln.
The photograph went round the box
| once more. The jury smiled incredu-
lously- Charles had given himself
away. His oVerweening confidence and
| certainty had ruined him.
Then Colonel Clay, leaning forward
and looking quite engaging, began a
new line of cross-examination.
I'VE have seen, Sir Charles" he said
/ that we cannot implicitly trust your
/ identification. Nov let us see how far
we can trust your other evidence. First
then, about those diamonds. You tried
to buy them, did you net, from a per-
son who represented himself as the
| Rev. Richard Bratazon, because YOU
believed he thought they were paste;
and if you could, you would have given
him SO or so for them. Do you think
that was honest?"
At object to this line of cross-exami-
nation" our leading counsel interposed
1T does not bear on the prosecutor
evidence. 1t is purely recriminatory."
Colonel Clay was all bland Difference
II wish, my lord" he said. turning
round, Ito show that the prosecutor is
person unworthy of eredence in any
way. | desire to proceed upon the well
known legal maxim of falsus in uno
falsus in omnibus. 7 believe l am per-
mitted to shake the witness credit
THE prisoner is entirely within his
rights Rhadamanth answered, looking
severely at Charles. "And | was wrong
i'm suggesting that he needed the advice