An Unspeakable Crime

by Theresa Lorella

  Sure enough, Mrs. Page had not only finally heard Smith attempt to get her attention, but had stopped talking altogether. She had turned bright red and looked to be on the verge of tears. Henry suppressed the smile that was threatening to burst forth. Smith would have to learn to control himself if he was to keep at this career.

  C of V: Mrs. Page, when did you last see Nancy Randolph?

  “Objection.” It was John Marshall again, standing to address the panel of justices. Henry figured that Marshall was on a roll now he had gotten going. The court did not seem pleased.

  “Yes, Mr. Marshall?” Smith literally huffed and looked from Marshall to the chief justice.

  “Relevance, your honor. I would point out that Nancy Randolph is not on trial here today. Richard Randolph is sitting here fighting for his life and I think we need to stick to the facts that pertain to the case at hand and move this forward.”

  “I will rephrase, your honor,” Smith answered. The justice just nodded, indicating that the Commonwealth could continue. As Marshall sat down, he looked towards Henry with a shake of his head. Henry gave his colleague a nod; he agreed with Marshall’s frustration but it didn't surprise him that the justice allowed the prosecutor continue.

  C of V: When did you last see Richard Randolph, the defendant? And please, just the answer to that specific question, Mrs. Page.

  MCP: Well, it is hard to answer that question without a little more detail.

  C of V: No additional detail, Mrs. Page. Just the answer, please. When did you last see Richard Randolph?

  MCP: Why, I’ve been here in the courtroom since the first day of trial, as has Richard.

  Henry had to kill his burst of laughter into a fist, quickly raised as if he were coughing. John Marshall, the consummate professional, had to turn away from Henry, covering his own mouth with his hand. Even the crowd in the pews behind Henry did a poor job of suppressing their laughter. Once he had regained control, Henry did not bother to suppress the smile he felt growing on his face. This witness for the prosecution was becoming a gift from heaven for the defense. Had Smith prepared this woman at all for testimony? Perhaps he had, and she was even worse before preparation, God forbid.

  C of V: Mrs. Page, while I appreciate your attention to detail, I am referring to the last time you saw Richard Randolph before we all found ourselves here in the courthouse.

  MCP: Ah, I see. Well, I don’t remember the exact dates, Mr. Smith, but I was off touring family’s homes—I enjoy spending time with the family and appreciate all of their hospitality in opening their homes. I was a frequent visitor at Bizarre when I could, I would say. I believe the death of young Theo affected my usual schedule, however…

  C of V: An approximate day or time of the month, etc. will suffice, Mrs. Page.

  MCP: Well, I never. Let’s see. It would have been about three months before Glentivar, so about six months ago. Yes, that seems right. I had just left my son’s home and the next closest family was out at Bizarre. My son, Carter, and I stopped by on my way back into town. I was looking forward to spending time with Judith and Nancy. I wanted to see the new baby—I mean Judith’s new baby, of course—and stay for a while.

  C of V: And what was life like at Bizarre when you arrived, Mrs. Page?

  MCP: Well, it was rather forlorn. Dear Theodorick had recently died and I believe it had everyone at Bizarre rather understandably downtrodden. But it also seemed as if something else wasn’t quite right, something besides grief, although grief is often enough to turn a sane man mad, I suppose. But it wasn’t insanity that worried me. It was immorality, Mr. Smith.

  Henry considered objecting. An attorney could object when a witness was randomly rambling. “Asked and answered” was the objection, as in, the witness has answered the question asked and should stop now. But Henry had a strategy, and he had to trust that his plan would work. He may not have been fully confident it would work, but he was confident enough that he reached across Richard and stayed Marshall from entering his own objection in the pregnant pause since Henry had thought through the pros and cons of doing the same. Let the woman give her piece, Henry tried to convey to Marshall without the benefit of words. It would only serve them in the end.

  C of V: And what immoral acts were possibly happening, Mrs. Page? Uh, let me rephrase before I get an objection from counsel for asking you to speculate. (Here Smith turned and smiled at Henry, who returned the gesture as if the two were the greatest of friends.) So, Mrs. Page, what specific immoral acts did you suspect and why?

  MCP: Well, I didn’t need to speculate because I knew what was happening. I had good reason to believe my young—and unmarried—niece was with child. Seeing as how she had no husband, the only way for her to find herself in that predicament was through immoral acts. Please don’t ask me to go into details, Mr. Smith. You understand the conundrum; I don’t wish to explain it further to you.

  A smattering of laughter from the courtroom seemed to distract Smith for a moment as his witness continued on.

  MCP: And don’t you go asking how Nancy found herself in that position and with whom. That I cannot answer and if you expect me to sit here and tell you that Nancy was pregnant with her sister’s husband, well, you will not get that from me. But I can tell you that Thomas should have never let his young daughter go to Bizarre, regardless of what his new wife felt about his children. There were too many un-chaperoned young men at Bizarre for a pretty young girl to be safe from male attentions. Was it Theo? Was it Richard? I don’t know. The rumor in the family was that Nancy was in love with Theodorick, but there was something odd between Nancy and Richard. Her father should have removed her from that situation immediately. Then none of this would have happened. We wouldn’t be sitting here today, determining what happens to Richard. Of course, we can’t change the actions of others, and I am only reporting what I saw…

  C of V: Thank you, Mrs. Page. That brings us to an important question: Did you see with your very own eyes proof that Nancy Randolph was pregnant?

  Henry sat forward in his chair. He did not lift his gaze from the notes he was taking—he didn’t want to look as if he cared too much. That said, this was the moment he was waiting for, the great confession of the meddling aunt. An aunt who so “loved” her nieces and nephews that she appeared on behalf of the prosecution to bear witness against them in a murder inquest. Thus far she had been a rambling, borderline crazy witness, but what and how the aunt testified about this very next issue would be imperative to the case.

  MCP: Well, anyone could see that something was very different with Nancy. She had gained quite a bit of weight very quickly.

  C of V: Certainly, Mrs. Page, there was more than just a weight gain—unfortunately I think we all put on a little extra padding every once in a while. It doesn’t mean we are being immoral, I would hope.

  Smith's attempt at a joke, coupled with a knowing look directed at the courtroom audience, not only elicited zero laughter, but was actually met with subtle groans. If Smith had been a nicer man, Henry would have felt sorry for him.

  MCP: Mr. Smith, I understand that we all gain weight occasionally. I am sure you can likewise understand me when I say this was not just a person putting on a few pounds. This was a young girl who was lithe and graceful when I last saw her and was then replaced with a young woman who appeared to have gained weight not only in her belly, but in her hands and face. There is a difference from a person who has gotten fat and a person who is swollen with all the incidentals of pregnancy. If you don’t understand, I’m sure the ladies in the courtroom know what I mean.

  C of V: Mrs. Page, I know what you mean, although thank you for being more specific. That is likely helpful to the court. So Nancy appeared to have gained a specific type of weight. Would that be accurate?

  MCP: Yes, that is fine, just so long as you understand.

  C of V: Besides the outward and obvious fact that Nancy had gained sudden weight, was there any other reason to think—to know—that she was pregnant?


  MCP: Well, I would hardly say it was “obvious,” Mr. Smith. In fact, I would say that Nancy was trying to hide the fact rather obsessively. She wore loose, shapeless dresses with no stays. This hid her figure and was odd for Nancy, who is a very pretty girl and never shy with a new dress or showing off her youthful good looks. She would pick up a pillow for her lap if she were sitting on a chair or sofa if one was nearby. She often claimed to be cold even when everyone else was warm. She was often wearing a shawl or blanket around her shoulder, hiding her shape. It was far more effort than a young woman would put into hiding her weight gain. It was very strange, Mr. Smith.

  C of V: Other than that odd behavior, did you actually see anything that the justices can use in their deliberations, Mrs. Page? Did you see any actual evidence of Nancy’s pregnancy other than her odd behavior?

  MCP: Well, I fail to see how the odd behavior isn’t enough, but if you must know, I knew that something was happening and I took it into my own hands to investigate further.

  C of V: What do you mean by “investigate,” Mrs. Page?

  CMP: Why, since it was clear as day that single and young Nancy was nearly double in size and everyone was pretending that wasn’t the case, I determined that I needed to figure out exactly what was happening at Bizarre. So I investigated, Mr. Smith, as I said.

  C of V: What exactly did you do, Mrs. Page? For example, did you ask anyone at Bizarre what was happening?

  MCP: Ask? No, of course not. You can’t ask someone a thing like that, Mr. Smith. Instead, you need to outsmart people to find out what you are looking for. I hate to say it, but you need to be a little sneaky.

  C of V: Uh, so how did you manage to be, as you put it, sneaky?

  CMP: Mr. Smith, I did not say I was sneaky, only that a person sometimes has to do sneaky things.

  C of V: I do believe I was using your words, but that is neither here nor there. What did you do, Mrs. Page? Please, just tell the justices what you saw.

  CMP: Oh, my. Please remember that I do not do this kind of thing every day, Mr. Smith.

  C of V: Mrs. Page, we all have done things that can be embarrassing, but please just tell us what you saw.

  MCP: Well I never. I was referring to the fact that I am not normally in a courtroom like yourself, Mr. Smith. I have done nothing of that would embarrass me. Now, before we have another misunderstanding, I took it into my own hands to figure out what was going on with Nancy. She and Judith seemed to have grown apart although they were so close as little girls. In exchange, Nancy only seemed to talk to Richard, who seemed to dote on her. And then there was her dramatic physical transformation and obvious attempts to hide her size. I decided I would get to the bottom of it.

  C of V: All right, Mrs. Page and you did so by…

  MCP: Well, first things first, I attempted to make myself useful to Nancy by putting myself in her path at all opportunities, offering my assistance with tasks difficult and easy, and trying to spark conversation that would lead to an inspired confession. I offered to be helpful.

  C of V: And did your usefulness lead to any such confessions of passion or debauchery?

  MCP: Wouldn’t you hope so, Mr. Smith? I know I was hoping young Nancy would find me to be a reliable and trustworthy confidant. Alas, she did not. She remained steadfastly clamp mouthed during my entire stay. So there was only one thing for it: I knew I would have to force the truth from her if I wanted to help my dear little niece.

  C of V: And how did you go about forcing the truth, Mrs. Page?

  MCP: I figured that I needed to be with Nancy when she was in a state of undress. This would make it impossible for her to deny anything but the truth and would certainly lay any doubts in my mind to rest.

  C of V: And were you able to achieve your desired goal?

  MCP: In truth, Nancy seemed to be overly sensitive to any opportunity for me to assist her in her rooms while she was changing or once she had retired for the evening. This posed a problem and please understand that my time at Bizarre was short. That meant that I needed to resort to more aggressive measures. On my last day visiting Bizarre I waited until Nancy had retired to the bathing room for an afternoon bath. I made myself scarce, but I was close enough to Nancy’s door that I could hear her dismiss the house girl from the room after the girl had finished filling the tub with warm water. Then, knowing I had to get my task completed before anyone came out of their respective rooms to catch me, I tiptoed over to the bathroom door and knelt down next to the door.

  C of V: To be clear, you knew Nancy Randolph was in the bathing room about to take a bath and so you went to the door unannounced. What did you do when you knelt down, Mrs. Page?

  MCP: Why, I was kneeling so I could look through the keyhole, Mr. Smith.

  C of V: I see, Mrs. Page. So you knelt to look through the keyhole. And what did you see?

  Henry was furiously taking notes—at this point real notes, not just for the sake of appearance—but still he was aware enough of the surrounding room to hear the hush that fell in the audience as they awaited Mrs. Page’s next words. How much of this was even relevant to the charges at hand, Henry was uncertain. But if the jury (or the public) believed Nancy had lied about her pregnancy (or lack thereof), Richard would swing from the gallows in just a few days’ time. And so Henry also found that he took a deep breath and leaned forward as the aunt next spoke.

  MCP: I could see Nancy in the bathroom. She was removing her chemise. It wasn’t particularly easy for her to do on her own. She should have let the house girl help. She struggled for a moment, but then she removed her last remaining clothing and was ready to get into the tub.

  C of V: Would it be fair to say, Mrs. Page, that Nancy was at that point completely undressed?

  MCP: Mr. Smith, please! She is my niece after all.

  C of V: Mrs. Page, I am paraphrasing what you said for a better understanding. Was your niece wearing any clothing as you saw her through the keyhole?

  MCP: No, Mr. Smith, she had disrobed completely.

  C of V: Thank you, Mrs. Page. And what angle was Nancy standing to your vision?

  MCP: Mr. Smith, is this not obscene?

  C of V: Hm. Mrs. Page, please. What did you see?

  MCP: Well, at first Nancy had her back to me, so all I could see was that part of her, which was not dispositive other than the fact that it was bigger than I believe it had been previously. She then turned such that she was in profile to my line of vision.

  C of V: Thank you, Mrs. Page. And was seeing Nancy in profile "dispositive?"

  MCP: Why sir, if that girl wasn’t largely with child, I don’t know what could have been happening to her.

  Henry audibly blew out the breath he had been unconsciously holding. There it was, then. The aunt had just testified that she had seen Nancy naked (albeit without permission, which added an air of intrusion to the story) and that said naked girl was rather obviously pregnant. Henry could see Marshall maintain his stoic courtroom smile despite the color draining from his face. Richard shook his head and murmured—rather indecorously Henry thought — “No, no, no.” This was rather a mess.

  While Henry continued to scan his psyche for damage, the surrounding courtroom had erupted into loud whispers and outright exclamations. “I knew it!” someone shouted to the left while an observer to the right of Henry whispered, “Well, I’ll be.” Richard began to whimper and rock back and forth. It was the response of a man who could feel the noose around his neck.

  “Now there, young man,” Henry whispered to his client, putting an arm around him for everyone to see. “Hold it together. Do not look smug, do not look dejected. Look like someone who will persevere in the face of adversity. The crowds love that type of thing.” Henry had realized that he was now fighting a case that was being held more in the eyes of the public than in the eyes of the nine men who looked out at the courtroom with a mix of curiosity and bored apathy. They didn’t care if Nancy Randolph was pregnant, only whether she and Richard had killed a ba
by. They likely didn’t even care if they were adulterers—it was within reason to assume that at least half the justices themselves were committing adultery now and the other half would do so or had done so in the past. That was not the crime they cared about. The public, on the other hand, was a different story.

  “Order,” the chief justice banged his much-used gavel. “Order! That is enough ladies and gentlemen. There will be order in this courtroom. This is not a circus or an opera. This is the administration of justice. If you cannot be respectful of this process, I will not allow onlookers in the court tomorrow.” It surprised Henry to hear one or two quiet boos. The good folks of Cumberland County thought this inquest was theirs, not the court’s, if such a thing could be possible. Henry didn’t know what to do with that, but he would think of something. “Mrs. Page,” the chief justice turned to the witness box. “You will report back tomorrow to be cross-examined by the defense. This court is in recess.”

  As the court cleared, Richard whispered to Henry as he was being shackled for transport back to his cell. “Why didn’t you do something that time?”

  “What do you mean, young man?” Henry detested second-guessing of any kind and his mind was working too quickly to have Richard interrupt him with these types of questions. “What do you suggest I should have done today? Perhaps broken into a song and dance to distract the courtroom?” Marshall cringed, which seemed to be a good indicator Henry had gone too far.

  “Well, don’t get uppity with me, Mr. Henry, but if you recall just the other day you purposely sacrificed yourself by objecting to take the focus off of the negative testimony. Yet today you did nothing.”