PH: And you testified that once it was clear that Nancy would not take you up on your offer, you took matters into your own hands and determined that you would spy on Nancy so you could see her without clothes.
MCP: I testified that I was leaving Bizarre, sir, and that I had to take rather desperate measures to discover the truth. That opportunity presented itself on its own and I took the chance as given. I didn’t plan to watch Nancy in the bathroom, but she was in there and so I took a peek.
PH: And so your testimony is that after multiple times of asking Nancy if you could see her body and being turned down every time, you waited until Nancy was unguarded and alone and spied upon her through a keyhole, without permission, is that right?
MCP: Yes, that is right. I had no other choice, you see.
PH: And Nancy undressed without knowing you were watching her, waiting with baited breathe for Nancy to turn her body so you could see her, naked in a private moment, is that correct?
Commonwealth of Virginia: Objection. That calls for speculation about what Nancy knew, your honor.
PH: I would say it is reasonable to presume that a young woman, completely alone in a locked bathroom did not think her elderly spinster aunt was at the door, bending down, her eye to the keyhole.
Justice Carrington: Gentlemen, please. Mr. Smith, I tend to agree with Mr. Henry on this issue. Objection overruled.
PH: Thank you, your honor. So, Mrs. Page is it your testimony that you violated Nancy’s privacy and spied on a young woman when she did not know it?
MCP: I have already told you why I did what I did, sir. I have no shame in my actions.
It was now or never. He had played this well, Henry thought. The aunt was as self-righteous and entitled as she had been the day before, acting as if it were her right to discover the secrets of her kin at any necessary cost. Smith had objected at the best possible time for Henry, even garnering an agreement from the judge himself. Henry needed to stop this line of questioning before the aunt started talking too much to his disadvantage. Henry needed to be the thing that people couldn’t wait to go home and talk about. He would have to be obnoxious. It would be well worth it if all went to plan.
Henry smiled at Mary Cary Page before turning slowly, smiling at the panel of justices and ending up facing the audience in the courtroom. “Great God, deliver us from eavesdroppers,” he said at just the right volume for the courtroom to hear him, but not necessarily the panel of justices behind him. When he turned around, Henry’s face was serene, as if nothing had happened.
It was rhetorical and perhaps inappropriate. It was game playing. And, hearing the audience laugh behind their hands, Henry knew he had hit the mark.
“Objection, your honor,” Smith was on his feet. Henry was already back in his chair.
“Mr. Smith, I didn't hear anything, what is the objection?” Justice Carrington responded.
Henry stood seeing the judge look his way. “I have no further questions, you honor. I am done with this witness if it pleases the court.”
“Mr. Smith, I don’t know how to respond to your objection seeing as how nothing is happening. Miss Page, you may step down.”
Henry smiled at Mary Cary Page as she walked back towards the audience, people still snickering behind him. A part of Henry felt bad for the woman, smiling proudly as she re-entered the crowd. She thought she had done a good job and, truth be told, she had delivered some important information for the prosecution. She seemed unaware that Henry had resorted to embarrassing her to the public in order to gain a point or two of argument at the time of closing arguments. Still, Henry was relatively confident she deserved any embarrassment that came her way; while it may have been normal to have been nosy and tried to discover what the Bizarre Randolphs were up to, the predatory nature of Eleanor’s actions were unforgiveable. No, Henry hoped that the Gazette was hard on the aunt that night.
******
The Virginia Gazette
Matthew Dickson
Yesterday we heard the most shocking announcement yet from any witness—Mary Cary Page testified that she thought her niece Nancy was pregnant at the time in question. No one has admitted or denied anything about that accusation. But whether or not that was true, it must be said that Mrs. Page is the type of person who feels that she may invade the space and privacy of everyone around her to seek knowledge. Case in point, said aunt was looking for information from a person—Nancy—who had already said she did not want to discuss her personal business.
At cross-examination, Mr. Henry was fast to point out to the audience how much we all love the nosy family member (or neighbor, co-worker, or friend). How many of us have not wanted to share information with such an acquaintance only to discover they are talking about that very thing behind our backs? Enter Mary Cary Page, an aunt who would spy on an undressed niece and then go all about the county discussing what she saw, stopping at none other place than the county courthouse.
Ah, these Randolphs!
But as despicable as the messenger may be—with all due respect to Mrs. Page—what of her testimony? Why would an aunt appear at all to discredit her own family members? Especially when her testimony may send her “beloved” niece and nephew to the gallows. Is it the notoriety, the chance to have all eyes on you for a moment or two? Will we ever really know why we betray each other so?
Of course, the real question is whether or not there has been a betrayal. What happened that night at Glentivar? Will the truth ever come
CHAPTER SIXTEEN
HENRY WORRIED THAT HIS head might never stop aching—even once this inquest was over. Thomas had brought him at least two tinctures made from willow the night before in an effort to comfort Henry (or stop his endless complaints). When nothing eased the pain, Henry opted to live with it rather than try the more powerful opium-based pain killer the rest of his household used; there was no room in his day to allow something to alter his brain as much as he might wish otherwise. That was particularly true this day.
Henry had opted to walk the distance from his rented room to the court. He needed time to think. More than anything, he needed a day off. He didn’t want to think about the Randolphs and fornication or baby murder. He wanted to sleep late, eat well, perhaps take a long and relaxing walk with his family. Or even better, a walk by himself. He felt something was wrong with Richard’s story and he didn’t like the feeling that he was fighting to win on nothing but technicalities or, worse, on small details strung together like a string of fake pearls. It might look real from far away, but any close inspection would reveal the flaws. And the more witnesses who took the stand against him, the closer the inspection would be.
It had been a long day at the court, even before Smith made his surprise announcement. Mary Cary Page’s son, Carter, had started the day, essentially to testify that he was more than certain that Nancy Randolph had been largely and obviously with child during his last visit to Bizarre. Henry had done an ample job on cross-examination, asking if he too had been spying on his cousin when she was naked. Thankfully, the answer was no. It was just a “hunch.” Likewise, another Randolph, this one named Anne, followed and said Nancy was pregnant and that was an open secret. Henry elicited testimony from her wherein she admitted that she actually only “knew” about Nancy’s pregnancy because everyone in the family had talked about it. She had never even been out to Bizarre during the time Nancy would have been showing. It was easy work.
It had seemed that the day would end on a high note for the defense. The Commonwealth had rested and Marshall had called a witness for the defense, Richard’s brother, John. Honestly, he may as well have been a witness for the Commonwealth for the all the help he gave Henry at questioning. Still, he had ultimately come through.
The biggest problem with young Jack Randolph was that he was odd and unlikable. Henry did not feel that was a subjective observation but rather one that was he held in unison with most of the county. At just about twenty years old, Jack was beardless with a nearly sopra
no voice, as if he had missed puberty all together Henry didn’t like to dislike people based on their physical appearance, but the strangely elfin appearance of Richard’s youngest brother was off-putting at best. Perhaps if Jack were less imperious and entitled, he could use his boy-like appearance to be endearing; as it was, there was no sympathy for the unusually small man. Because of that, Henry sole goal in questioning the witness was to keep it short and simple.
******
Direct Examination of John Randolph
Patrick Henry (PH): Mr. Randolph, can you please tell the justices where you live?
John Randolph (JR): Sir that depends on when you ask the question.
Henry smiled, but he had to suppress a sigh. This was his own witness.
PH: Indeed, sir. Perhaps I can be more clear. Do you ever live at Bizarre Plantation along with your brother, the defendant?
JR: Sir, I understood what your intention was. I have always lived at Bizarre. It is my family home. I have spent years studying, including at the College of New Jersey in Princeton, but Bizarre is my home.
PH: Thank you, Mr. Randolph. And did you have the occasion to see your brother and his sister-in-law Nancy in the months prior to last October?
JR: Yes, many times. As I mentioned, Bizarre is my home although it would seem that Nancy Randolph is there to stay. While I understand that her father is no longer interested in having her at Tuckahoe, I have been open about my thoughts that we use Bizarre—a small home, really—for our family and not for orphans.
PH: If I may rephrase, did I understand you to say you had the opportunity to see Nancy and Richard often before the night of October 1, 1792?
Henry would deal with this twerp by pretending he only heard the barest minimum of his testimony. If Henry did so, perhaps the justices would follow suit.
JR: Yes, I saw Nancy more than I would have liked and Richard less than I would have preferred.
PH: And what did you notice about Nancy and Richard, Mr. Randolph?
JR: Notice, sir?
PH: Yes, Mr. Randolph, what did you see or observe about your brother and Miss Randolph?
JR: Well, I noticed nothing untoward if that is what you are asking. Nancy is a hanger-on, but Richard is a fine and upstanding man. I have full confidence in my brother.
That wasn’t great for Nancy, but she wasn’t sitting here in front of these justices; Henry could work with it.
PH: And do you believe any of the rumors about your brother and Nancy, Mr. Randolph?
As soon as he asked it Henry regretted the question. Jack had turned beet red and seemed to be on the verge of meltdown. The question had been too open-ended, allowed for too much imagination in response. Henry had to take back control.
PH: Do you believe Nancy was pregnant by your brother?
JR: Absolutely not! I am insulted even by the insinuation. If anything, Nancy would have found herself in trouble with my dearly departed brother Theo who she was angling to marry. She joked that she would not leave Bizarre and was just trying to find the way to make that a reality. She laughed, but I did not. For all I care, she can leave.
Henry didn’t really know what to do with that outburst but for the fact that it was positive for Richard that his witness had so vehemently testified that Nancy was not pregnant by Richard. But he hadn’t testified that she was not pregnant. Henry had one more question, but it was risky: Was Nancy pregnant? What would this strange young man say? Was his loyalty to his brother enough to overcome his obvious dislike for his sister-in-law’s little sister? There were too many questions, too many possible disasters. Yet, if it went well, it would be so helpful. Jack Randolph was no idiot, he would know what he had to do.
PH: Mr. Randolph, in your opinion—in your honest opinion—was Nancy Randolph pregnant at any time during her stay at Bizarre?
Henry had to remind himself to breathe. He didn’t want a witness to lie to the court, but he was curious to see what this young man’s opinion on the matter would be. He hated Nancy, he loved his brother, and he had been at Bizarre during her alleged pregnancy. Did he love his brother more than he hated Nancy?
JR: Under no circumstances did I see anything that would indicate that Nancy—as coquettish as she may be—was with child. My brother runs a decent home.
PH: Thank you, Mr. Randolph. No further questions.
******
In hindsight, Henry should have seen that Smith had a look of smug satisfaction on his face as the Commonwealth declined to cross-examine John Randolph. Henry’s adrenaline had been pumping, and he was more than pleased with the youngest Randolph’s vehement testimony on behalf of Richard. If anyone seemed to want to crucify Nancy, it was John and yet he had—ironically—acted as her only defender thus far. He would not like to be considered as such, but he at least understood that he protected Richard by backing off of his alleged accomplice. It had been a good note to end on.
Until it became clear that this nightmare was not, in fact, over. And, even worse, Smith had taken stock of Henry’s own tricks and stolen his thunder for the day. The public would not spend their evening discussing John Randolph’s testimony, but the Commonwealth’s last-minute announcement. Well, Henry thought, well played.
******
The Virginia Gazette
Matthew Dickson
As the day ended, a visibly pleased Mr. Smith claimed he had a last minute, surprise witness. While the defense objected—there are rules and procedure, after all—Justice Carrington determined that he would allow the last witness to appear. And who would this surprise, last-minute witness be? None other than the daughter of our country’s Secretary of State, and a member of the Randolph family by birth and marriage, Mrs. Patsy Jefferson Randolph. Married to Thomas Mann Randolph, Jr., Mrs. Randolph is the sister-in-law to Nancy and Judith Randolph. It would seem that Nancy even lived at Monticello before moving onto Bizarre. What could the former Miss Jefferson know about her kin that would put a smile on the face of the prosecution and a look of shared consternation on the faces of the defense attorneys? Only time will tell and said time will arrive tomorrow morning.
CHAPTER SEVENTEEN
"WHAT DO YOU THINK she has to say that is so important, John?" The news that Jefferson's daughter would appear had inordinately upset Henry. "She lived with Nancy—or rather, Nancy lived with her—and her letters indicate that Patsy has flatly refused to allow Nancy back at Monticello. This cannot be good news for Richard."
Marshall looked thoughtful. “Well, Smith and Jones must think Patsy’s testimony will be helpful for them. They appeared rather smug as they announced her willingness to appear.”
“Yes, agreed on that, although I would relegate all smugness to Smith alone.” Marshall nodded before Henry continued. “I don’t know that I find myself to be terribly worried that he is feeling confident. Smith is the person who chose to try this case, thinking the evidence is sufficient for a conviction. He may be delusional, John.” Henry refrained from reminding Marshall that he, John, had more or less forced the prosecution of this case, not Smith. He determined that such a comment would likely not be useful to the conversation. And Henry had forgiven his friend for his rash thinking at the beginning of the case.
Marshall once again looked thoughtful, this time examining Henry’s face before answering. Henry found this quirk of Marshall’s, this tendency towards quiet contemplation, to be infuriately annoying. “What is it, John?” Henry asked, a little more gruffly than he had intended. To lessen the blow he added, “Do you not agree?”
Marshall sighed. “I see what you are saying, Patrick and I understand, I really do. That said, let us not ourselves become ‘delusional’ in favor of our client and fail to see the strengths of the other side’s position. While we are dealing with a brash and impulsive young attorney, it does not mean that he is not overall an intelligent young man, or one who is successfully charming judge and jury. Or, in this case, jury and onlookers.”
Henry nodded his agreement, while swallowing hi
s response that he had been right every time thus far and if Marshall just played his cards right in closing, the prosecution would fail to prove guilt beyond a reasonable doubt and this case would be over. But he didn’t say that. He didn’t want to get into a fight with Marshall and a small part of him understood exactly what his colleague was saying. The problem was simply that Henry couldn’t very well admit weaknesses in their case if he wanted any hope of sleeping through the night between then and the jury’s verdict. He had to maintain his confidence, even in the face of reason.
“My good man, I am taking this one day at a time and this day we do not know what the former Miss Jefferson will add. We know she has refused a return to Monticello to Nancy, but appeared in all other ways to be relatively kind to Nancy’s plight. I would worry more if the surprise witness were Patsy’s husband, Thomas Mann Randolph, Jr. or, worse, Richard’s own brother, John. Of all the Randolphs out there, this one may be the most sympathetic.”
“Everyone who knows her finds Patsy to be very pleasant and as smart as her father.”
Now Henry sighed. He meant no offense to the Secretary of State. They had worked together, more or less, throughout the years. They had both fought to found a nation. They had very much disagreed a few years ago regarding the adoption of a federal constitution rather than allow the states more individual power. But despite their differences in opinion, Henry had respect for Jefferson’s mind and contribution to the cause of Independence.
“My God, John, I am a gentleman. I have no intention of being rude to Patsy Jefferson on cross-examination. Do not worry so.” As soon as the words escaped his mouth, Henry remembered that he had, arguably, been rude to Ms. Page. But that had been required for the case. “Unless I need to be,” he added.
“Patrick, I have no doubt you will be as polite or as rude as the situation deems fit,” Marshall said with little judgment in his tone. “I’m simply trying to analyze what Patsy is planning to say. As I said, she is known for being intelligent so we can hope that her testimony is rational and reason-based.”
An Unspeakable Crime Page 15
