At length he began to speak. He had considered his defence, and he had based it mainly upon a falsehood - since the strict truth must have proved ruinous to Richard Butler.
"My answer, gentlemen" he said, "will be a very brief one as brief, indeed, as the prosecution merits - for I entertain the hope than no member of this court is satisfied that the case made out against me is by any means complete." He spoke easily, fluently, and calmly: a man supremely self-controlled. "It amounts, indeed, to throwing upon me the onus of proving myself innocent, and that is a burden which no British laws, civil or miliary, would ever commit the injustice of imposing upon an accused.
"That certain words of disagreement passed between Count Samoval and myself on the eve of the affair in which the Count met his death, as you have heard from various witnesses, I at once and freely admitted.
Thereby I saved the court time and trouble, and some other witnesses who might have been caused the distress of having to testify against me. But that the dispute ever had any sequel, that the further subsequent discussion threatened at the time by Count Samoval ever took place, I most solemnly deny. From the moment that I left Sir Terence's luncheon-table on the Saturday I never set eyes on Count Samoval again until I discovered him dead or dying in the garden here at Monsanto on Sunday night. I can call no witnesses to support me in this, because it is not a matter susceptible to proof by evidence.
Nor have I troubled to call the only witnesses I might have called - witnesses as to my character and my regard for discipline - who might have testified that any such encounter as that of which I am accused would be utterly foreign to my nature. There are officers in plenty in his Majesty's service who could bear witness that the practice of duelling is one that I hold in the utmost abhorrence, since I have frequently avowed it, and since in all my life I have never fought a single duel. My service in his Majesty's army has happily afforded me the means of dispensing with any such proof of courage as the duel is supposed to give. I say I might have called witnesses to that fact and I have not done so. This is because, fortunately, there are several among the members of this court to whom I have been known for many years, and who can themselves, when this court comes to consider its finding, support my present assertion.
"Let me ask you, then, gentlemen, whether it is conceivable that, entertaining such feelings as these towards single combat, I should have been led to depart from them under circumstances that might very well have afforded me an ample shield for refusing satisfaction to a too eager and pressing adversary? It was precisely because I hold the duel in such contempt that I spoke with such asperity to the deceased when he pronounced Lord Wellington's enactment a degrading one to men of birth. The very sentiments which I then expressed proclaimed my antipathy to the practice. How, then, should I have committed the inconsistency of accepting a challenge upon such grounds from Count Samoval? There is even more irony than Major Swan supposes in a situation which himself has called ironical.
"So much, then, for the motives that are alleged to have actuated me.
I hope you will conclude that I have answered the prosecution upon that matter.
"Coming to the question of fact, I cannot find that there is anything to answer, for nothing has been proved against me. True, it has been proved that I arrived at Monsanto at half-past eleven or twenty minutes to twelve on the night of the 28th, and it has been further proved that half-an-hour later I was discovered kneeling beside the dead body of Count Samoval. But to say that this proves that I killed him is more, I think, if I understood him correctly, than Major Swan himself dares to assert.
"Major Swan is quite satisfied that Samoval came to Monsanto for the purpose of fighting a duel that had been prearranged; and I admit that the two swords found, which have been proven the property of Count Samoval, and which, therefore, he must have brought with him, are a prima-facie proof of such a contention. But if we assume, gentlemen, that I had accepted a challenge from the Count, let me ask you, can you think of any place less likely to have been appointed or agreed to by me for the encounter than the garden of the adjutant-general's quarters? Secrecy is urged as the reason for the irregularity of the meeting. What secrecy was ensured in such a place, where interruption and discovery might come at any moment, although the duel was held at midnight? And what secrecy did I observe in my movements, considering that I drove openly to Monsanto in a curricle, which I left standing at the gates in full view of the guard, to await my return? Should I have acted thus if I had been upon such an errand as is alleged? Common sense, I think, should straightway acquit me on the grounds of the locality alone, and I cannot think that it should even be necessary for me, so as to complete my answer to an accusation entirely without support in fact or in logic, to account for my presence at Monsanto and my movements during the half-hour in question."
He paused. So far his clear reasoning had held and impressed the court. This he saw plainly written on the faces of all - with one single exception. Sir Terence alone the one man from whom he might have looked for the greatest relief - watched him ever malevolently, sardonically, with curling lip. It gave him pause now that he stood upon the threshold of falsehood; and because of that inexplicable but obvious hostility, that attitude of expectancy to ensnare and destroy him, Captain Tremayne hesitated to step from the solid ground of reason, upon which he had confidently walked thus far, on to the uncertain bogland of mendacity.
"I cannot think," he said, "that the court should consider it necessary for me to advance an alibi, to make a statement in proof of my innocence where I contend that no proof has been offered of my guilt."
