a well-dressed man, with white hair and whiskers, occupied a stool in front of a fruit-stand opposite nick carter's rooms from eight o'clock until half-past nine on the morning following the trunk episode. the man was peter mannion, and he was making sure that chick was not in town at the time of the opening of court. at half-past nine a telegraph boy appeared. he went quickly up the stairway of the house where nick had lodged, and before his return to the street he was stopped by peter mannion. "if you have a telegram for mr. carter," he said, "i'll take it and sign for it. here is my authority," and he produced a card upon which was written: "deliver to bearer all letters, notes, and telegrams for me that may come to-day"—giving the date. "nicholas carter." the boy, without hesitation, gave up an envelope containing a telegram. when the book had been signed, peter mannion opened the telegram, which was dated frederick, md., and read: "will be with you seven o'clock to-night. c. carter."

"good! good!" and the villain rubbed his hands gleefully. "everything is coming our way. nick carter is at the bottom of the river, and chick, who will go to join him will not be here to interfere with the court[197] business. the prospect could not be better. and now to prepare for court."

at ten o'clock peter mannion and his lawyer entered the court-room. they were followed by prosper craven and elmer newton, the witnesses to arthur mannion's will. there were but few spectators present, for there had been no public intimation that the proceedings that day would be of special interest.

just as the calendar was being called jackson feversham, accompanied by two smart-looking business men, both strangers to peter mannion, entered and took seats just outside the bar.

the first matter taken up was that of the will of arthur mannion. craven and newton were sworn and the fact elicited that the will had been signed at craven's house, in the presence of the witnesses and of arthur mannion. it had been delivered into the keeping of nellie mannion.

there being no objection, an order was made admitting the will to probate.

"so far so good," thought peter mannion. "and now for the will as is a will; the will that means millions to nellie mannion and her dear ones."

rising to his feet, the uncle's attorney now made a motion that the matter of the will of james playfair be taken up. "it must be judged by itself, as the court is aware," said the attorney, somewhat pompously, and glaring at jackson feversham, "for it is an olographic will, one which does not require the signature of wit[198]nesses. having once proved that the will is in the handwriting of the deceased washingtonian, the court must admit it to probate."

the attorney sat down, and the judge took up the will, examined it, turned it over, and then said:

"produce your witnesses."

"to prove the handwriting?"

"of course. what else?" asked the court sharply.

"then," said peter mannion's attorney, "i will ask mr. feversham to take the stand."

james playfair's friend looked surprised, but he came forward, was sworn, and the will was placed in his hands.

"examine it carefully, mr. feversham," said the attorney, "and then state whether or not, in your opinion, the body of the instrument and the signature, all the writing, in fact, is in the writing of james playfair."

"if this is not his handwriting," answered feversham, after a pause, "it is a perfect imitation."

"can you say it is not his handwriting?" questioned peter mannion's attorney, with sternness.

there was a pause. feversham looked at the judge, then at the two men who had accompanied him to the court. finally he said slowly, but with emphasis: "i can say, with a conviction that almost amounts to certainty, that this will is not in the handwriting of my deceased friend."

peter mannion started violently. his face grew gray.[199] a sense of danger suddenly possessed him; but he gripped the sides of his chair and waited.

the attorney for the moment was nonplussed. he had not expected the answer. but he speedily recovered his wits, and, in a blustering manner, said:

"is it because the will leaves you nothing, while a previous one leaves you heir to the fortune, that you are unwilling to state what must be a patent fact to any man of intelligence?"

feversham's fine face darkened with anger. he was about to reply, when the judge spoke with severity.

"you must not insult your own witnesses. if i hear anything of the kind again i shall be compelled to fine you for contempt of court. have you any more questions to ask?"

"yes," was the surly reply. "i wish to ask mr. feversham why he is positive that this will is not what it purports to be?"

"my attorney, who has just arrived, will answer for me," said the witness.

both peter mannion and his attorney turned to see advancing toward the bar the tall, courtly figure of colonel seaman, one of the leaders of the washington bar.

"it is our intention," said the colonel to the court, "to contest the probate of this alleged olographic will. i have in my hands copies of the same document, which i respectfully ask the court to examine before i proceed to[200] explain where and how they were found, and what they mean."

thus saying, he stepped within the bar, approached the bench, and handed to the judge the four copies found on the body of dimitri goloff, the russian accomplice of arthur mannion.

the judge examined them, first with perplexity, then with understanding.

"as supplementing them," continued colonel seaman, "i will offer for your inspection a copy of the indictment under which arthur mannion was convicted in a california court of forgery." this document was passed to the judge.

peter mannion shifted uneasily in his seat. his brow began to ooze cold perspiration.

"anything more?" asked the court pleasantly.

"yes, your honor. here are four affidavits declaring that on the date of the alleged will in favor of arthur mannion that young man was in st. louis."

"well, what of that?"

"if you will hold up the will and the copies, you will see that the water-mark is 'st. louis mills.'"

the judge did so, with the remark: "you are right, colonel seaman; and, while the circumstance taken alone is of little consequence, when considered with other circumstances it may prove to have weight."

"i think the weight will be shown when we produce reliable witnesses who will swear that for years james[201] playfair used but one kind of paper, and that of baltimore make."

"where were these will copies found?"

"ask mr. feversham, your honor. he is on the stand, and he has been sworn."

the question was asked, and feversham answered: "in the pockets of a dead man."

"his name?"

"dimitri goloff, who was the criminal associate of arthur mannion, and who accompanied mannion from san francisco. they were together in washington until goloff met his death by accident."

peter mannion could scarcely breathe, so great was his agitation. it was in his mind to rise and make a bolt from the room, but his limbs seemed to have lost their power of motion.

"the proceedings thus far have been somewhat irregular," remarked the court. "i presume that you are ready to proceed, unless there is objection from the other side."

peter mannion's attorney cast at his client a look full of disgust, and said nothing. he was ready to throw up the case.

"before doing so," said colonel seaman suavely, "i desire to say that we shall need a subp?na for a baltimore witness, doctor haswick, the superintendent of st. luke's hospital."

"what do you expect to prove by him?" asked peter mannion's attorney, in marked curiosity.

[202]

"we expect to prove that the man who died there a short time ago and who was buried as arthur mannion was not arthur mannion, but one jonas jilson, a petty thief and tramp. by other witnesses we shall prove that arthur mannion is still alive."

the colonel ceased speaking. peter mannion, shaking as if with the ague, his eyes bloodshot, and his lips blue and trembling, arose to his feet and staggered toward the door. no one stayed him until he neared the two men who had entered with jackson feversham. both rose when the discomfited villain was within a few feet of them. then acting simultaneously, they stepped forward and each seized a wrist of the fleeing man.

"don't go," said one of them, in a voice that made the wretch's heart stop beating, "for you may consider yourself under arrest, mr. arthur mannion, for the murder of james playfair."

the speaker was nick carter, and his assistant was chick.