that other trial, it was of course indispensable that
all the proceedings of that trial should be made known to the jury.

"You said on that occasion," continued Furnival, "that you were sure
you had witnessed three signatures of Sir Joseph's that summer,--that
you had probably witnessed three in July, that you were quite sure
you had witnessed three in one week in July, that you were nearly
sure you had witnessed three in one day, that you could not tell what
day that might have been, and that you had been used as a witness so
often that you really did not remember anything about it. Can you say
whether that was the purport of the evidence you gave then?"

"If it's down there--" said John Kenneby, and then he stopped
himself.

"It is down here; I have read it."

"I suppose it's all right," said Kenneby.

"I must trouble you to speak out," said the judge; "I cannot hear
you, and it is impossible that the jury should do so." The judge's
words were not uncivil, but his voice was harsh, and the only
perceptible consequence of the remonstrance was to be seen in the
thick drops of perspiration standing on John Kenneby's brow.

"That is the evidence which you gave on the former trial? May the
jury presume that you then spoke the truth to the best of your
knowledge?"

"I tried to speak the truth, sir."

"You tried to speak the truth? But do you mean to say that you
failed?"

"No, I don't think I failed."

"When, therefore, you told the jury that you were nearly sure that
you had witnessed three signatures of Sir Joseph's in one day, that
was truth?"

"I don't think I ever did."

"Ever did what?"

"Witness three papers in one day."

"You don't think you ever did?"

"I might have done, to be sure."

"But then, at that trial, about twelve months after the man's death,
you were nearly sure you had done so."

"Was I?"

"So you told the jury."

"Then I did, sir."

"Then you did what?"

"Did witness all those papers."

"You think then now that it is probable you witnessed three
signatures on the same day?"

"No, I don't think that."

"Then what do you think?"

"It is so long ago, sir, that I really don't know."

"Exactly. It is so long ago that you cannot depend on your memory."

"I suppose I can't, sir."

"But you just now told the gentleman who examined you on the other
side, that you were quite sure you did not witness two deeds on the
day he named,--the 14th of July. Now, seeing that you d