He was pressed on this important point; but he held to his declaration. At half-past eight he had seen Mr. Dubourg hurriedly leave the field. At half-past eight the watch of the murdered man had stopped.
Had any other person been observed in or near the field at that time?
No witness could be discovered who had seen anybody else near the place. Had the weapon turned up, with which the blow had been struck? It had not been found. Was anyone known (robbery having plainly not been the motive of the crime) to have entertained a grudge against the murdered man? It was no secret that he associated with doubtful characters, male and female; but suspicion failed to point to any one of them in particular.
In this state of things, there was no alternative but to request Mr. Dubourg--well known in, and out of the town, as a young gentleman of independent fortune; bearing an excellent character--to give some account of himself.
He immediately admitted that he had passed through the field. But in contradiction to the farm-bailiff, he declared that he had looked at his watch at the moment before he crossed the stile, and that the time by it was exactly a quarter past eight. Five minutes later--that is to say ten minutes before the murder had been committed, on the evidence of the dead man's watch--he had paid a visit to a lady living near Pardon's Piece; and had remained with her, until his watch, consulted once more on leaving the lady's house, informed him that it was a quarter to nine.
Here was the defense called an "alibi." It entirely satisfied Mr. Dubourg's friends. To satisfy justice also, it was necessary to call the lady as a witness. In the meantime, another purely formal question was put to Mr. Dubourg. Did he know anything of the murdered man?
With some appearance of confusion, Mr. Dubourg admitted that he had been induced (by a friend) to employ the man on some work. Further interrogation extracted from him the following statement of facts.
That the work had been very badly done--that an exorbitant price had been charged for it--that the man, on being remonstrated with, had behaved in a grossly impertinent manner--that an altercation had taken place between them--that Mr. Dubourg had seized the man by the collar of his coat, and had turned him out of the house--that he had called the man an infernal scoundrel (being in a passion at the time), and had threatened to "thrash him within an inch of his life" (or words to that effect) if he ever presumed to come near the house again; that he had sincerely regretted his own violence the moment he recovered his self-possession; and, lastly, that, on his oath (the altercation having occurred six weeks ago), he had never spoken to the man, or set eyes on the man since.
As the matter then stood, these circumstances were considered as being unfortunate circumstances for Mr. Dubourg--nothing more. He had his "alibi" to appeal to, and his character to appeal to; and nobody doubted the result.
The lady appeared as witness.
Confronted with Mr. Dubourg on the question of time, and forced to answer, she absolutely contradicted him, on the testimony of the clock on her own mantelpiece. In substance, her evidence was simply this. She had looked at her clock, when Mr. Dubourg entered the room; thinking it rather a late hour for a visitor to call on her. The clock (regulated by the maker, only the day before) pointed to twenty-five minutes to nine. Practical experiment showed that the time required to walk the distance, at a rapid pace, from the stile to the lady's house, was just five minutes. Here then was the statement of the farm-bailiff (himself a respectable witness) corroborated by another witness of excellent position and character. The clock, on being examined next, was found to be right. The evidence of the clock-maker proved that he kept the key, and that there had been no necessity to set the clock and wind it up again, since he had performed both those acts on the day preceding Mr. Dubourg's visit. The accuracy of the clock thus vouched for, the conclusion on the evidence was irresistible. Mr. Dubourg stood convicted of having been in the field at the time when the murder was committed; of having, by his own admission, had a quarrel with the murdered man, not long before, terminating in an assault and a threat on his side; and, lastly, of having attempted to set up an alibi by a false statement of the question of time. There was no alternative but to commit him to take his trial at the Assizes, charged with the murder of the builder in Pardon's Piece.
The trial occupied two days.
No new facts of importance were discovered in the interval. The evidence followed the course which it had taken at the preliminary examinations--with this difference only, that it was more carefully sifted. Mr. Dubourg had the double advantage of securing the services of the leading barrister on the circuit, and of moving the irrepressible sympathies of the jury, shocked at his position and eager for proof of his innocence. By the end of the first day, the evidence had told against him with such irresistible force, that his own counsel despaired of the result. When the prisoner took his place in the dock on the second day, there was but one conviction in the minds of the people in court--everybody said, The clock will hang him."
It was nearly two in the afternoon; and the proceedings were on the point of being adjourned for half an hour, when the attorney for the prisoner was seen to hand a paper to the counsel for the defense.
The counsel rose, showing signs of agitation which roused the curiosity of the audience. He demanded the immediate hearing of a new witness; whose evidence in the prisoner's favor he declared to be too important to be delayed for a single moment. After a short colloquy between the judge and the banisters on either side, the court decided to continue the sitting.
The witness, appearing in the box, proved to be a young woman, in delicate health. On the evening when the prisoner had paid his visit to the lady, she was in that lady's service as housemaid. The day after, she had been permitted (by previous arrangement with her mistress) to take a week's holiday, and to go on a visit to her parents, in the west of Cornwall. While there, she had fallen ill, and had not been strong enough since to return to her employment. Having given this preliminary account of herself, the housemaid then stated the following extraordinary particulars in relation to her mistress's clock.
On the morning of the day when Mr. Dubourg had called at the house, she had been cleaning the mantelpiece. She had rubbed the part of it which was under the clock with her duster, had accidentally struck the pendulum, and had stopped it. Having once before done this, she had been severely reproved. Fearing that a repetition of the offense, only the day after the clock had been regulated by the maker, might lead perhaps to the withdrawal of her leave of absence, she had determined to put matters right again, if possible, by herself.