"I do not see the point of the question," said Lord Wellington, replying to that glance. "Colonel Grant has quite plainly informed the court that his observation of Count Samoval had no slightest connection with this duel, nor was inspired by any knowledge or suspicion on his part that any such duel was to be fought. With that I think the court should be content. It has been necessary for Colonel Grant to explain to the court his own presence at Monsanto at midnight on the 28th. It would have been better, perhaps, had he simply stated that it was fortuitous, although I can understand that the court might have hesitated to accept such a statement. That, however, is really all that concerns the matter.
Colonel Grant happened to be there. That is all that the court need remember. Let me add the assurance that it would not in the least assist the court to know more, so far as the case under consideration is concerned."
In view of that the president notified that he had nothing further to ask the witness, and Colonel Grant saluted and withdrew to a seat near Lady O'Moy.
There followed the evidence of Major Carruthers with regard to the dispute between Count Samoval and Captain Tremayne, which substantially bore out what Sir Terence and Colonel Grant had already said, notwithstanding that it manifested a strong bias in favour of the prisoner.
"The conversation which Samoval threatened to resume does not appear to have been resumed," he added in conclusion.
"How can you say that?" Major Swan asked him.
"I may state my opinion, sir," flashed Carruthers, his chubby face reddening.
"Indeed, sir, you may not," the president assured him. "You are upon oath to give evidence of facts directly within your own personal knowledge."
"It is directly within my own personal knowledge that Captain Tremayne was called away from the table by Lady O'Moy, and that he did not have another opportunity of speaking with Count Samoval that day. I saw the Count leave shortly after, and at the time Captain Tremayne was still with her ladyship - as her ladyship can testify if necessary. He spent the remainder of the afternoon with me at work, and we went home together in the evening. We share the same lodging in Alcantara."
"There was still all of the next day," said Sir Harry. "Do you say that the prisoner was never out of your sight on that day too?"
"I do not; but I can't believe - "
"I am afraid you are going to state opinions again," Major Swan interposed.
"Yet it is evidence of a kind," insisted Carruthers, with the tenacity of a bull-dog. He looked as if he would make it a personal matter between himself and Major Swan if he were not allowed to proceed. "I can't believe that Captain Tremayne would have embroiled himself further with Count Samoval. Captain Tremayne has too high a regard for discipline and for orders, and he is the least excitable man I have ever known. Nor do I believe that he would have consented to meet Samoval without my knowledge."
"Not perhaps unless Captain Tremayne desired to keep the matter secret, in view of the general order, which is precisely what it is contended that he did."
"Falsely contended, then," snapped Major Carruthers, to be instantly rebuked by the president.
He sat down in a huff, and the judge-advocate called Private Bates, who had been on sentry duty on the night of the 28th, to corroborate the evidence of the sergeant of the guard as to the hour at which the prisoner had driven up to Monsanto in his curricle.
Private Bates having been heard, Major Swan announced that he did not propose to call any further witnesses, and resumed his seat.
Thereupon, to the president's invitation, Captain Tremayne replied that he had no witnesses to call at all.
"In that case, Major Swan," said Sir Harry, "the court will be glad to hear you further."
And Major Swan came to his feet again to address the court for the prosecution.
