The Eye of Dread

“By Ballards’ yard dot time.”

“What time?”

“It vas Sunday morning I seen heem, talkin’ mit her.”

“With whom was he talking?”

“Oh, he talk mit Ballards’ girl–Mees Betty. Down by der spring house I seen heem go, und he kiss her plenty–I seen heem.”

“You are sure it was the prisoner you saw? You are sure it was not Peter Craigmile, Jr.?”

“Sure it vas heem I saw. Craikmile’s son, he vas lame, und valk by der crutch all time. No, it vas dot man dere I saw.”

“Where were you when you saw him?”

“I vas by my room vere I sleep. It vas a wine growin’ by der vindow up, so dey nefer see me, bot I seen dem all right. I seen heem kiss her und I seen her tell heem go vay, und push heem off, und she cry plenty.”

“Did you hear what he said to her?”

Bertrand Ballard looked up at the examiner angrily, and counsel for the prisoner objected to the question, but the judge allowed it to pass unchallenged, on the ground that it was a question pertaining to the motive for the deed of which the prisoner was accused.

“Yas, I hear it a little. Dey vas come up und stand dere by de vindow under, und I hear dem talkin’. She cry, und say she vas sorry he vas kiss her like dot, und he say he is goin’ vay, und dot is vot for he done it, und he don’t come back no more, und she cry some more.”

“Did he say anything against his cousin at that time?”

“No, he don’ say not’ing, only yust he say, ‘dot’s all right bouts heem,’ he say, ‘Peter Junior goot man all right, only he goin’ vay all same.’”

“Was that the last time you saw the prisoner?”

“No, I seen heem dot day und it vas efening.”

“Where were you when you saw him next?”

“I vas goin’ ’long mit der calf to eat it grass dere by Ballards’ yard, und he vas goin’ ’long mit hees cousin, Craikmile’s son, und he vas walkin’ slow for hees cousin, he don’ got hees crutch dot day, he valk mit dot stick dere, und he don’ go putty quvick mit it.” Nels pointed to the heavy blackthorn stick lying on the table before the jury.

“Were the two young men talking together?”

“No, dey don’ speak much. I hear it he say, ‘It iss better you valk by my arm a little yet, Peter,’ und Craikmile’s son, he say, ‘You go vay mit your arm, I got no need by it,’ like he vas little mad yet.”

“You say you saw him in the morning with Miss Ballard. Where were the family at that time?”

“Oh, dey vas gone by der church already.”

“And in the evening where were they?”

“Oh, dey vas by der house und eat supper den.”

“Did you see the prisoner again that day?”

“No, I didn’ see heem dot day no more, bot dot next day I seen heem–goot I seen heem.”

Harry King here asked his counsel to object to his allowing the witness to continually assert that the man he saw was the prisoner.

“He does not know that it was I. He is mistaken as are you all.” And Nathan Goodbody leaped to his feet.

“I object on behalf of my client to the assumption throughout this whole examination, that the man whom the witness claims to have seen was the prisoner. No proof to that effect has yet been brought forward.”

The witness was then required to give his reasons for his assertion that the prisoner was the man he saw three years before.

“By what marks do you know him? Why is he not the man he claims to be, the son of the plaintiff?”

“Oh, I know heem all right. Meester Craikmile’s son, he vos more white in de face. Hees hair vas more–more–I don’ know how you call dot–crooked on hees head yet.” Nels put his hand to his head and caught one of his straight, pale gold locks, and twisted it about. “It vas goin round so,–und it vas more lighter yet as dot man here, und hees face vas more lighter too, und he valked mit stick all time und he don’ go long mit hees head up,–red in hees face like dis man here und dark in hees face too. Craikmile’s son go all time limpin’ so.” Nels took a step to illustrate the limp of Peter Junior when he had seen him last.

“Do you see any other points of difference? Were the young men the same height?”

“Yas, dey vas yust so high like each other, but not so vide out yet. Dis man he iss vider yet as Meester Craikmile’s son, he iss got more chest like von goot horse–Oh, I know by men yust de same like horses vat iss der difference yet.”

“Now you tell the court just what you saw the next day. At what time of the day was it?”

“It vas by der night I seen heem.”

“On Monday night?”

“Yas.”

“Late Monday night?”

“No, not so late, bot it vas dark already.”

“Tell the court exactly where you saw him, when you saw him, and with whom you saw him, and what you heard said.”

“It vas by Ballards’ I seen heem. I vas comin’ home und it vas dark already yust like I tol’ you, und I seen dot man come along by Ballards’ house und stand by der door–long time I seen heem stan’ dere, und I yust go by der little trees under, und vatching vat it is for doin’ dere, dot man? Und I seen heem it iss der young man vat iss come dot day askin’ vere iss Ballards’ folks, und so I yust wait und look a little out, und I vatchin’ heem. Und I seen heem stand und vaitin’ minute by der door outside, und I get me low under dem little small flowers bushes Ballards is got by der door under dot vindow dere, und I seen heem, he goin’ in, and yust dere is Mees Betty sittin’, und he go quvick down on hees knees, und dere she yump lak she is scairt. Den she take heem hees head in her hands und she asket heem vat for is it dat blud he got it on hees head, und so he say it is by fightin’ he is got it, und she say vy for is he fightin’, und he say mit hees cousin he fight, und hees cousin he hit heem so, und she asket heem vy for is hees cousin hit heem, und vy for iss he fightin’ mit hees cousin any vay, und den dey bot is cryin’. So I seen dot–und den she go by der kitchen und bring vater und vash heem hees head und tie clots round it so nice, und dere dey is talkin’, und he tol’ her he done it.”

“What did he tell her he had done?”

“Oh, he say he keel heem hees cousin. Dot vat I tol’ you he done it.”

“How did he say he killed him?”

The silence in the court room was painful in its intensity. The Elder leaned forward and listened with contorted face, and the prisoner held his breath. A pallor overspread his face and his hands were clenched.

“Oh, he say he push heem in der rifer ofer, und he do it all right for he liket to do it, but he say he goin’ run vay for dot.”

“You mean to say that he said he intended to push him over? That he tried to do it?”

“Oh, yas, he say he liket to push heem ofer, und he liket to do dot, but he sorry any vay he done it, und he runnin’ vay for dot.”

“Tell the court what happened then.”