he lean witness's face. "I reckon I've bin there,"
he said.

"Were you there on the afternoon of Saturday, the 25th of February,
last?"

"I might ha' bin."

"You can't be certain?"

"You've hit it, mister--I can't be certain."

"Then we'll try to assist your memory. Do you know the prisoner at the
bar?"

The witness looked at Scarlett with a grin. Then he turned, and
confronted the lawyer. "I know him," he said. "He was boss of the
gentlemen diggers."

"Did you know the deceased, Isaac Zahn, with whose murder the prisoner
is charged?"

"I did--he bought gold of me."

"Did you ever know the two men, John Scarlett and Isaac Zahn, to
quarrel?"

"I did."

"Please be so good as to describe to the jury the nature of the
quarrel."

"I was standin' in the bar of The Lucky Digger, havin' a pint with a
friend," said the long, thin witness, "when I heard the prisoner
exchangin' words with Zahn."

"Ah! a very important matter," said the counsel for the Crown. "What was
the subject of their conversation?"

"Seemed to me they were both sparkin' up to the bar-maid," said the
digger, "an' consequently there was bad blood between 'em, specially on
the part of Scarlett."

"Did he strike the deceased?"

"Certainly. Struck 'im in the bar, in the passage, an' kicked 'im into
the street."

"You swear to that?"

"Decidedly. I seen 'im do it."

"Thank you. You may stand down--unless, of course, my friend the counsel
for the defence would like to ask a question."

Scarlett's barrister, a man of jovial countenance, smiled, and shook his
head.

"Call Rachel Varnhagen."

The pretty Jewess, dressed in black, walked modestly into the Court,
mounted the step or two which led to the witness-box, and bowed to the
Judge and jury.

"I should be pleased to spare you the pain of appearing as a witness in
this case," said the barrister for the Crown, looking his softest at the
lovely Rachel, "but the importance I attach to the evidence I believe
you will give, is so great that I am forced to sacrifice my private
feelings upon the altar of Justice. I believe you know the prisoner at
the bar?"

"Yes, I do," replied Rachel, in a very low voice.

"Did you know Isaac Zahn, with whose murder he is charged?"

"I did."

"Is it a fact that you were engaged in marriage to Isaac Zahn?"

"I was, but the engagement was broken off some six weeks before his
death."

"And that you afterwards became engaged to John Scarlett?"