Chapter 29 - Page 2

Together they outlined their defence as best they could. With characteristic optimism, Kirk insisted upon treating the charge against him as of little consequence, and it was not until he had undergone his preliminary hearing that he fully realized the gravity of his situation.

To his unspeakable indignation, the officer who had discovered Cortlandt's body swore that he had seen the deceased pass him shortly before the time of his death, evidently taking a walk along the water's edge for relief from the heat, and that immediately afterward--perhaps a minute or so--the prisoner had also passed, going in the same direction! There was a street light close by, he said, and there could be no possible mistake as to Anthony's identity. A few moments later there had been a pistol- shot, muffled, but unmistakable, and the policeman had hastened in the direction from which it came. The prisoner had appeared suddenly out of the darkness and hurried past. In the politest manner possible, the witness declared, he had questioned him regarding the shot, but Mr. Anthony had neither stopped nor answered; on the contrary, he had broken into a run. The officer had considered this strange behavior, but, being at all times most respectful toward Americans, he had made no effort to detain him. Passing on, he had found the body of the dead man. A revolver was beside it. It was shocking! It had quite upset the witness. He had blown his whistle, and seeing a light in the Governor's mansion close by had called there for assistance. Soon afterward another officer had arrived upon the scene.

When this amazing testimony was translated to Kirk he was astounded; but his indignation was as nothing to that which swept over him when a servant in the Alfarez household swore to having actually witnessed the murder.

This fellow declared that he had been troubled greatly with a toothache. Toward morning of the night in question, too restless for sleep, he had gone out upon the sea wall. Even now, his face was swollen, and he made a determined effort to show the court the particular tooth which had made him an unwilling beholder of the tragedy. Overcome by exhaustion, he had fallen asleep after a time, and he was awakened by the sounds of a quarrel. On opening his eyes, he saw two Americans, one of whom was Senor Cortlandt, and the other Kirk Anthony. Being utterly ignorant of their language, he had no means of knowing what was said, nor did he consider the altercation serious until the large man shot the Senor Cortlandt. Then, being terror-stricken at what he had beheld, he had run away, entirely forgetting his toothache, which, by the grace of God, was quite gone. That was all he knew of the matter. He recognized Anthony as the man who had done the shooting. He was troubled greatly with toothaches.

It all seemed like some grotesque, practical joke, and Kirk at first could not believe that the evidence of these witnesses could have