An Unspeakable Crime

by Theresa Lorella

  Mrs. Harrison did later go up and attempt to check on Nancy but she may as well have been turned away for all she learned. She came back downstairs and she and I attempted to settle down into some uncomfortable sleep. As soon as I could find sleep, the sound of heavy footsteps on our main staircase woke me once again. Well, “heavy” may not be the correct word as it also sounded as if the person was trying to not be heard. They didn’t realize that for those of us sleeping in the living rooms downstairs, we could hear every step. By “heavy” I mean that the footsteps sounded as if they came from a man—they were too solid to belong to any of the young ladies in the house. The only man upstairs was Richard.

  I then heard one of the back doors—usually a slave entrance—open and close. Several minutes later that same door opened and closed again and the footsteps went up the same set of stairs. I heard nothing else that night, despite trying very hard to catch any snippets of conversation I could. I believe Mrs. Harrison tried even harder than me in this regard—I was tired and wanted to sleep. It upset me that Mrs. Harrison had forced us to give up our bed for Judith and Richard—by far our juniors in age—and I didn’t care much what was happening. I found it to be rather rude that a man would first take my bed and then have the audacity to keep me up all night in my own home. Yes, it was rather rude overall.

  C of V: Did you speak to Mr. Randolph the next morning about all the noise, perhaps ask him what had happened?

  RH: Ask him? No. I told him he was loud and that he should have maybe thought about coming to my home with a pack of women who couldn’t keep it down with their physical complaints, who couldn’t be bothered to join us for dinner, who couldn’t wait to use our beds, linens, and provisions. And I told him that he kept me up all night. I didn’t ask him anything, sir. A man is a king in his own castle and doesn’t have to ask questions of his guests.

  Henry found this last bit of Harrison’s testimony to be particularly amusing; the prosecutor was losing his witness almost unexpectedly. Everyone in the county knew that Harrison was arrogant and cruel; he was disliked universally. And now his testimony at trial was all about him, Harrison, rather than about the defendant. This was the best a defense attorney could hope for from a witness for the prosecution. Other than a full rogue testimony exonerating the defendant. Since rogue testimony was essentially unheard of—but not impossible—Henry was perfectly happy with a bad, unlikeable witness. That he could work with and Harrison wasn’t doing much to live down his bad reputation.

  C of V: Did you see any evidence of a birth or of the death of a child that next morning or thereafter?

  RH: My good man, if I had found a dead baby on my plantation I would have told you that from the get-go.

  C of V: Thank you, Mr. Harrison, that is all.

  ******

  Henry found it quietly amusing how quickly the prosecutor got rid of his witness once things went south. He wondered if Randolph Harrison had ever been a good witness or if he had just grown less angry at Richard and more irritated with Smith as trial preparation had continued. Whatever the case, it wasn’t exactly the best testimony to prove murder beyond a reasonable doubt. It may be enough if you had a jury of men who had already been swayed by the rumors, but it wasn’t enough if you applied logic. Still, that last question about Harrison seeing evidence gave Henry pause—there was something more to this story than even the prosecutor knew. What it was and when it would come out was just one of the mysterious joys of trial work. Overall, Harrison’s testimony had been a dud. Henry audibly exhaled as the prosecution paused for a recess. He and Marshall nodded to each other as they stood when the justices filed out. Not too bad at all.

  ******

  During the break Henry and Marshall had whispered thought to each other behind Richard’s back. They didn’t confer with their client, who just sat there working on his new “court face.” Henry’s speech had hit its mark. Richard now made little or no response to anything happening around him. If it got too extreme, Henry would have to talk to him about showing too little emotion, which was also somewhat off-putting from a third party’s perspective. For now, however, it was just fine that Richard was practicing being less obnoxious and entitled. They still had time to work on the perfect emotional countenance to present to the world.

  “It was weak, John.” Henry smiled. “You would think the one major eyewitness, Randolph Harrison, would have seen something, but he didn’t really see anything at all. His testimony was mostly that it put him out by having guests.”

  “Well, I agree with your analysis, but there were things there that weren’t great. As obnoxious and unlikeable as he is, Harrison has nothing to gain from anything unseemly happening under his roof, so the presumption would be that he is telling the truth.”

  “Fine, John, but the ‘truth’ leaves open room for so many other possibilities. Do you think I will bury us if I point out the omissions in my cross? You know as well as I that we should never ask a witness a question we don’t know the answer to already. He could say anything.”

  “Pardon me,” Richard whispered, turning his head towards Marshall. “I would like to point out that it isn’t the ‘truth’ at all, these things they are saying. That should be pointed out.”

  “Richard, your cousin didn’t take time out of his busy day to come here and testify against you because nothing strange happened at Glentivar on the night in question. Frankly, we all know you all acted oddly, although that differs from acting in a murderous stupor. So let’s not throw away the strengths of the legal position by making a weak emotional argument.”

  Henry could see the anger seethe out of Richard’s eyes at that last comment, but he hardly had time to worry about the sensitivities of an emotional defendant when he had a job to do. He would have said the same directly to Richard but for the fact that the justices had re-entered the courtroom and the bailiff had called for all to rise.

  “This court is reconvened,” Justice Carrington announced. “Do you wish to cross-examine the witness Mr. Marshall, Mr. Henry?”

  Henry stood to address the court. “Yes, your honor. The defense wishes to have Mr. Harrison re-take the stand.”

  Henry—and likely everyone else in the courtroom—could hear the rather obvious annoyed sigh come from the general area of the room where Randolph Harrison had taken a seat. “Must I do this again? I have already told you everything I wanted to say,” Harrison whined from his seat. It was a childish and petulant display from an adult man, Henry thought. It reminded him of a certain young man currently sitting at the defense table.

  “This court calls Randolph Harrison back to the witness stand for cross-examination,” the bailiff announced as Harrison made a loud and exaggerated display of slowly returning to the witness box. This was excellent, Henry thought. Let the prosecution’s great eyewitness make a complete and utter jackass of himself. Now Henry needed to help Randolph finish what he had started and really irritate the man.

  ******

  The Cross-Examination of Randolph Harrison

  Patrick Henry (PH): Mr. Harrison, you testified that you didn’t really want any visitors to Glentivar at all last October, isn’t that right?

  Randolph Harrison: You shall not put words into my mouth, sir.

  PH: Objection…

  Justice Carrington: That is unnecessary, Mr. Henry. Mr. Harrison, you have to answer the questions. Might I suggest that you just do it so we can all go home at some point today?

  PH: Thank you, your honor. I will withdraw the question and move on.

  RH: I didn’t want visitors, no.

  PH: Thank you, Mr. Harrison, I withdrew the question so you need not answer that anymore.

  RH: Sir, you asked a question and I will answer it. You will give me an opportunity to do so. I dislike visitors and I particularly don’t care for a cartful of harping women to show up at my door. The last thing I wanted to deal with is the chirpy Nancy and the dour Judith. Trust me, you wouldn’t either if it was your home. Every time they com
e I have to give up my room and listen to my wife go on and on with those women. My God, I can’t handle it. And the young one can go on and on like no one else I have ever met.

  PH: It sounds as if you don’t like Nancy Randolph, do you, Mr. Harrison?

  RH: That is correct, sir. I find most of my female relations to be too much to bear and Nancy is no different.

  PH: Did you believe Nancy was pregnant when she arrived at Glentivar?

  RH: All I know is that she was fat, sir. Typically, the only good thing about her is that she is fair on the eyes. That time when I saw her, she was fat.

  PH: So it is your testimony that Nancy was simply ‘fat’ when she arrived to your plantation that day?

  RH: I suppose some pregnant people just look fat during pregnancy, but that was my impression, sir.

  Henry realized that the last answer was not clear. Was Harrison saying that his impression was that Nancy was fat because she was pregnant, or was he saying she was just fat? Henry didn’t know the answer so he would follow his own advice: Don’t ask. He would rather have that one hang in the air than walk into a trap with a hostile family member.

  PH: And your testimony was that Nancy retired early due to a bad stomach, correct?

  RH: Well, that’s what she said.

  PH: And once she retired, would it be fair to say that you didn’t see Nancy until the next day?

  RH: Correct. I don’t know that I even saw her the next day—it may be been he day after that.

  PH: So, to make it clear, you did not see Nancy at all on the night in question, isn’t that right?

  RH: Good God, man. I don’t know how many different ways I can say the same damn thing. I didn’t see the woman. I didn’t lay eyes on her at all almost from the moment she arrived. In all honesty, it would have been the best visit she and the Bizarre Randolphs had ever made but for the fact that someone kept walking up and down the stairs all night, keeping me up. Keeping me up, I might add, in a bed that was not my own.

  Henry considered for one moment whether he should just stop there. He had what he and Marshall needed for the closing—Harrison, the star “eyewitness” had not seen Nancy at all on the night he was here to testify about to the court. She could have been upstairs dancing a jig, being ill, or praying a rosary all night. Randolph Harrison’s testimony left open room for any possibility. With the bit about someone coming and going, for all anyone knew, Nancy had been the one to leave the room. Of course, Henry had a sense she hadn’t left, but Harrison’s last statement hadn’t disproved that theory. He had mentioned said stair-walker being Richard in his direct testimony, however, and so Henry pressed on.

  PH: And that person walking up and down your stairs you believe to have been Richard, correct?

  RH: I went into all of this already. Yes, I believe it was Richard based on the heaviness of the sound, of the way the person was walking. It was a man. The other two people upstairs were women. Even the upstairs slaves are women. Unless one of them gained much weight, wore men’s shoes, and picked up a masculine gait, it was Richard.

  And here was Henry’s opportunity.

  PH: So your testimony, Mr. Harrison, is that you did not see who came down the stairs, thus you have no idea what they were doing, and that said person really could have been anyone, isn’t that right?

  Commonwealth of Virginia: Objection. This calls for all sorts of speculation.

  Justice Carrington: Mr. Henry, your response to that.

  PH: I wasn’t asking for any such speculation. My questions derive from the fact that Mr. Harrison has testified that he saw nothing of what my client stands accused of here today.

  Justice Carrington: Mr. Smith, I agree that the question, although argumentative rather than speculative, did in fact follow from Mr. Harrison’s testimony. The objection is overruled. The question stands.

  PH: Mr. Harrison, your testimony is that you did not see Nancy, and you did not see Richard Randolph at all during the night in question, is that correct?

  RH: Sir, I am smart enough to know when I am being led down a path lined with poison.

  Justice Carrington: Just answer the question Mr. Harrison.

  RH: For about the tenth time today alone, that is correct. I did not see Nancy, and I did not see Richard. I was trying to sleep like any good Christian should have been doing at that hour.

  PH: Thank you Mr. Harrison. That is all that I need.

  Justice Carrington: I gather that the Commonwealth does not need to re-direct to reiterate anything you have so generously provided at least ten times, so without further objection, you may step down Mr. Harrison.

  Smith clearly wanted to re-direct his witness to be allowed to end with a reminder that Harrison had in fact been very clear that he thought the person on the stairs had been Richard—Henry could see it the prosecutor’s face. But faced with a justice who did not want to hear any more and a witness one question away from being completely lost, Smith remained silent.

  CHAPTER SEVEN

  HAVING CROSS-EXAMINED RANDOLPH Harrison, Henry wasn’t terribly worried that the man’s wife would follow him to the stand. There was always the possibility she had seen or heard something differently than her husband, but it was more likely than not that the two Harrisons had already compared their versions of the evening and smoothed out any inconsistencies. There was no ill will in this thought—Henry and his wife would have done the same, as would any happily married couple. No, the Harrisons had likely told their story to each other and to other people at least a hundred times since that night at Glentivar. While there had to be a reason that Mrs. Harrison was taking the stand at all, Henry was cautiously optimistic as she did.

  Sure enough, Mary Harrison’s provided essentially a regurgitation of her husband’s testimony from earlier in the day, although she had been secluded from the courtroom during his appearance. Not that she was a helpful witness for the defense as her husband potentially had been. She was perhaps more confident than her husband in her certainty that something had been amiss upstairs at Glentivar on October first of the year last. “It is a small house, you understand,” Mary Harrison emphasized to Smith’s questions. “Someday we will expand on that property, but as it is, Glentivar’s main house is rather cozy.” Smith seemed pleased but Henry had already formulated his response to that comment. It was what Mary Harrison said next that worried Henry.

  ******

  The Testimony of Mary Harrison

  Commonwealth of Virginia (C of V): When did the Randolphs leave Glentivar, Mrs. Harrison?

  Mary Harrison (MH): About two days later. Nancy kept to her room the full day after the incident and then they all left. It would seem we were running an inn rather than enjoying a social visit with family.

  C of V: So would it be accurate, Mrs. Harrison, to say Nancy Randolph stayed in her room for the entirety of her visit, at least once she entered?

  MH: That is correct. As if it were completely appropriate to arrive at a family’s home and spend your entire visit in bed.

  C of V: And during that time, no one else occupied the bed used by Miss Nancy Randolph?

  MH: I don’t know what you are implying, but no. Nancy kept to that bed like a queen to her throne. And she had no visitors other than Richard and my brief peek into the room under the cover of darkness.

  C of V: What did you do with the room once the Randolphs had vacated Glentivar?

  MH: Why, we cleaned it of course! It is our own living space, and we needed to prepare it for Mr. Harrison and I to return.

  C of V: And did you personally clean the room, Mrs. Harrison?

  MH: Personally? Why no, of course not, Mr. Smith! But I always inspect the work of my house help—they can be so lazy, you know.

  C of V: Ma’am, did, er, did your help clean the room well?

  MH: As usual, Mr. Smith, upon my inspection I found that my girl had not only done an insufficient job, but she had left blood on the mattress. Just right there, for me to see. I don’t know if she even tried
to clean the spot.

  C of V: Blood, ma’am?

  MH: That is correct, Mr. Smith, blood. That is what I saw.

  Henry agreed with Smith’s decision to cut off his witness right then and there, as he did as soon as she confirmed the presence of blood in that room—he would have done the same. It was unclear if Mrs. Harrison would have continued to ramble on about her servants or provide anything else useful. Unfortunately, even Henry had to admit that her testimony had been more damaging than that of her husband. But he hadn’t yet had her go at her.

  ******

  The Cross Examination of Mary Harrison

  Justice Carrington: Your witness, Mr. Henry.

  Patrick Henry (PH): Thank you, your honor. Mrs. Harrison, just a few moments ago you mentioned that Glentivar is exceedingly small, is that right?

  Mary Harrison (MH): Correct, sir, it is a large farm, but the main house is small. It is a working farm and we can always expand if we so choose. There is no need for excess in the meantime.

  PH: Indeed and no doubt it serves its purpose just fine. That said, despite its tiny proportions, neither you nor your husband saw or heard the birthing of a baby, even just feet away?

  MH: Mr. Henry, perhaps I have exaggerated the size of the home.

  PH: ‘Cozy,’ was the word you used, I believe. No need to worry, Mrs. Harrison, I myself have a modest home on my farm. That said, I believe we have established that you saw no signs of childbirth on October first even in close quarters.

  MH: Is that a question, Mr. Henry?

  PH: Thank you, no, ma’am. It was an establishment of a fact. I do have a question, however. This blood, you mentioned. Your servant didn’t adequately remove a spot of blood?

  MH: Correct and so typical. I went in to see the progress of the room and lo-and-behold there was a clear and discernable spot of blood.

  PH: Had you inspected the mattress prior to Nancy using the room, Mrs. Harrison?

  MH: I am sure I have, sir.

  PH: Come now, ma’am, that doesn’t sound convincing—is it safe to say you had not inspected that mattress prior to Nancy Randolph using it for a couple days?