"Yes, yes. I believe Major Lackland is not living, Colonel?"
There was an almost imperceptible sense of pleasure betrayed in the Colonel's face at this prompt acknowledgment of his title.
"Bless you, no. Died years ago, a miserable death, sir, a ruined man, a poor sot. He was suspected of selling his vote in Congress, and probably he did; the disgrace killed him, he was an outcast, sir, loathed by himself and by his constituents. And I think, sir"——
The Judge. "You will confine yourself, Col. Sellers to the questions of the counsel."
"Of course, your honor. This," continued the Colonel in confidential explanation, "was twenty years ago. I shouldn't have thought of referring to such a trifling circumstance now. If I remember rightly, sir"—
A bundle of letters was here handed to the witness.
"Do you recognize, that hand-writing?"
"As if it was my own, sir. It's Major Lackland's. I was knowing to these letters when Judge Hawkins received them. [The Colonel's memory was a little at fault here. Mr. Hawkins had never gone into details with him on this subject.] He used to show them to me, and say, 'Col, Sellers you've a mind to untangle this sort of thing.' Lord, how everything comes back to me. Laura was a little thing then. 'The Judge and I were just laying our plans to buy the Pilot Knob, and—"
"Colonel, one moment. Your Honor, we put these letters in evidence."
The letters were a portion of the correspondence of Major Lackland with Silas Hawkins; parts of them were missing and important letters were referred to that were not here. They related, as the reader knows, to Laura's father. Lackland had come upon the track of a man who was searching for a lost child in a Mississippi steamboat explosion years before. The man was lame in one leg, and appeared to be flitting from place to place. It seemed that Major Lackland got so close track of him that he was able to describe his personal appearance and learn his name. But the letter containing these particulars was lost. Once he heard of him at a hotel in Washington; but the man departed, leaving an empty trunk, the day before the major went there. There was something very mysterious in all his movements.
Col. Sellers, continuing his testimony, said that he saw this lost letter, but could not now recall the name. Search for the supposed father had been continued by Lackland, Hawkins and himself for several years, but Laura was not informed of it till after the death of Hawkins, for fear of raising false hopes in her mind.
Here the District Attorney arose and said,
"Your Honor, I must positively object to letting the witness wander off into all these irrelevant details."
Mr. Braham. "I submit your honor, that we cannot be interrupted in this manner. We have suffered the state to have full swing. Now here is a witness, who has known the prisoner from infancy, and is competent to testify upon the one point vital to her safety. Evidently he is a gentleman of character, and his knowledge of the case cannot be shut out without increasing the aspect of persecution which the State's attitude towards the prisoner already has assumed."
The wrangle continued, waxing hotter and hotter. The Colonel seeing the attention of the counsel and Court entirely withdrawn from him, thought he perceived here his opportunity, turning and beaming upon the jury, he began simply to talk, but as the grandeur of his position grew upon him—his talk broadened unconsciously into an oratorical vein.
"You see how she was situated, gentlemen; poor child, it might have broken her heart to let her mind get to running on such a thing as that. You see, from what we could make out her father was lame in the left leg and had a deep scar on his left forehead. And so ever since the day she found out she had another father, she never could run across a lame stranger without being taken all over with a shiver, and almost fainting where she stood. And the next minute she would go right after that man. Once she stumbled on a stranger with a game leg; and she was the most grateful thing in this world—but it was the wrong leg, and it was days and days before she could leave her bed.
Once she found a man with a scar on his forehead and she was just going to throw herself into his arms, but he stepped out just then, and there wasn't anything the matter with his legs. Time and time again, gentlemen of the jury, has this poor suffering orphan flung herself on her knees with all her heart's gratitude in her eyes before some scarred and crippled veteran, but always, always to be disappointed, always to be plunged into new despair—if his legs were right his scar was wrong, if his scar was right his legs were wrong. Never could find a man that would fill the bill. Gentlemen of the jury; you have hearts, you have feelings, you have warm human sympathies; you can feel for this poor suffering child. Gentlemen of the jury, if I had time, if I had the opportunity, if I might be permitted to go on and tell you the thousands and thousands and thousands of mutilated strangers this poor girl has started out of cover, and hunted from city to city, from state to state, from continent to continent, till she has run them down and found they wan't the ones; I know your hearts—"
By this time the Colonel had become so warmed up, that his voice, had reached a pitch above that of the contending counsel; the lawyers suddenly stopped, and they and the Judge turned towards the Colonel and remained for several seconds too surprised at this novel exhibition to speak. In this interval of silence, an appreciation of the situation gradually stole over the audience, and an explosion of laughter followed, in which even the Court and the bar could hardly keep from joining.
Sheriff. "Order in the Court."
The Judge. "The witness will confine his remarks to answers to questions."
The Colonel turned courteously to the Judge and said,
"Certainly, your Honor—certainly. I am not well acquainted with the forms of procedure in the courts of New York, but in the West, sir, in the West—"
The Judge. "There, there, that will do, that will do!"
"You see, your Honor, there were no questions asked me, and I thought I would take advantage of the lull in the proceedings to explain to the jury a very significant train of—"
The Judge. "That will DO sir! Proceed Mr. Braham."
"Col. Sellers, have you any reason to suppose that this man is still living?"
"Every reason, sir, every reason.
"State why"
"I have never heard of his death, sir. It has never come to my knowledge. In fact, sir, as I once said to Governor—"
"Will you state to the jury what has been the effect of the knowledge of this wandering and evidently unsettled being, supposed to be her father, upon the mind of Miss Hawkins for so many years!"
Question objected to. Question ruled out.
Cross-examined. "Major Sellers, what is your occupation?"
The Colonel looked about him loftily, as if casting in his mind what would be the proper occupation of a person of such multifarious interests and then said with dignity:
"A gentleman, sir. My father used to always say, sir"—
"Capt. Sellers, did you ever see this man, this supposed father?"
"No, Sir. But upon one occasion, old Senator Thompson said to me, its my opinion, Colonel Sellers"—
"Did you ever see any body who had seen him?"
"No, sir: It was reported around at one time, that"—
"That is all."
The defense then spent a day in the examination of medical experts in insanity who testified, on the evidence heard, that sufficient causes had occurred to produce an insane mind in the prisoner. Numerous cases were cited to sustain this opinion. There was such a thing as momentary insanity, in which the person, otherwise rational to all appearances, was for the time actually bereft of reason, and not responsible for his acts. The causes of this momentary possession could often be found in the person's life. [It afterwards came out that the chief expert for the defense, was paid a thousand dollars for looking into the case.]
The prosecution consumed another day in the examination of experts refuting the notion of insanity. These causes might have produced insanity, but there was no evidence that they have
produced it in this case, or that the prisoner was not at the time of the commission of the crime in full possession of her ordinary faculties.
The trial had now lasted two weeks. It required four days now for the lawyers to "sum up." These arguments of the counsel were very important to their friends, and greatly enhanced their reputation at the bar but they have small interest to us. Mr. Braham in his closing speech surpassed himself; his effort is still remembered as the greatest in the criminal annals of New York.
Mr. Braham re-drew for the jury the picture of Laura's early life; he dwelt long upon that painful episode of the pretended marriage and the desertion. Col. Selby, he said, belonged, gentlemen; to what is called the "upper classes." It is the privilege of the "upper classes" to prey upon the sons and daughters of the people. The Hawkins family, though allied to the best blood of the South, were at the time in humble circumstances. He commented upon her parentage. Perhaps her agonized father, in his intervals of sanity, was still searching for his lost daughter. Would he one day hear that she had died a felon's death? Society had pursued her, fate had pursued her, and in a moment of delirium she had turned and defied fate and society. He dwelt upon the admission of base wrong in Col. Selby's dying statement. He drew a vivid picture of the villain at last overtaken by the vengeance of Heaven. Would the jury say that this retributive justice, inflicted by an outraged, and deluded woman, rendered irrational by the most cruel wrongs, was in the nature of a foul, premeditated murder? "Gentlemen; it is enough for me to look upon the life of this most beautiful and accomplished of her sex, blasted by the heartless villainy of man, without seeing, at the end of it; the horrible spectacle of a gibbet. Gentlemen, we are all human, we have all sinned, we all have need of mercy. But I do not ask mercy of you who are the guardians of society and of the poor waifs, its sometimes wronged victims; I ask only that justice which you and I shall need in that last, dreadful hour, when death will be robbed of half its terrors if we can reflect that we have never wronged a human being. Gentlemen, the life of this lovely and once happy girl, this now stricken woman, is in your hands."
The jury were visibly affected. Half the court room was in tears. If a vote of both spectators and jury could have been taken then, the verdict would have been, "let her go, she has suffered enough."
But the district attorney had the closing argument. Calmly and without malice or excitement he reviewed the testimony. As the cold facts were unrolled, fear settled upon the listeners. There was no escape from the murder or its premeditation. Laura's character as a lobbyist in Washington which had been made to appear incidentally in the evidence was also against her: the whole body of the testimony of the defense was shown to be irrelevant, introduced only to excite sympathy, and not giving a color of probability to the absurd supposition of insanity. The attorney then dwelt upon the insecurity of life in the city, and the growing immunity with which women committed murders. Mr. McFlinn made a very able speech; convincing the reason without touching the feelings.
The Judge in his charge reviewed the testimony with great show of impartiality. He ended by saying that the verdict must be acquittal or murder in the first degree. If you find that the prisoner committed a homicide, in possession of her reason and with premeditation, your verdict will be accordingly. If you find she was not in her right mind, that she was the victim of insanity, hereditary or momentary, as it has been explained, your verdict will take that into account.
As the Judge finished his charge, the spectators anxiously watched the faces of the jury. It was not a remunerative study. In the court room the general feeling was in favor of Laura, but whether this feeling extended to the jury, their stolid faces did not reveal. The public outside hoped for a conviction, as it always does; it wanted an example; the newspapers trusted the jury would have the courage to do its duty. When Laura was convicted, then the public would turn around and abuse the governor if he did not pardon her.
The jury went out. Mr. Braham preserved his serene confidence, but Laura's friends were dispirited. Washington and Col. Sellers had been obliged to go to Washington, and they had departed under the unspoken fear the verdict would be unfavorable, a disagreement was the best they could hope for, and money was needed. The necessity of the passage of the University bill was now imperative.
The Court waited for some time, but the jury gave no signs of coming in. Mr. Braham said it was extraordinary. The Court then took a recess for a couple of hours. Upon again coming in, word was brought that the jury had not yet agreed.
But the jury had a question. The point upon which they wanted instruction was this. They wanted to know if Col. Sellers was related to the Hawkins family. The court then adjourned till morning.
Mr. Braham, who was in something of a pet, remarked to Mr. O'Toole that they must have been deceived—that juryman with the broken nose could read!
CHAPTER LVII.
The Momentous Day—Startling News—Dilworthy Denounced as a Briber and Defeated—The Bill Lost in the Senate
The momentous day was at hand—a day that promised to make or mar the fortunes of Hawkins family for all time. Washington Hawkins and Col. Sellers were both up early, for neither of them could sleep. Congress was expiring, and was passing bill after bill as if they were gasps and each likely to be its last. The University was on file for its third reading this day, and to-morrow Washington would be a millionaire and Sellers no longer, impecunious but this day, also, or at farthest the next, the jury in Laura's Case would come to a decision of some kind or other—they would find her guilty, Washington secretly feared, and then the care and the trouble would all come back again, and these would be wearing months of besieging judges for new trials; on this day, also, the re-election of Mr. Dilworthy to the Senate would take place. So Washington's mind was in a state of turmoil; there were more interests at stake than it could handle with serenity. He exulted when he thought of his millions; he was filled with dread when he thought of Laura. But Sellers was excited and happy. He said:
"Everything is going right, everything's going perfectly right. Pretty soon the telegrams will begin to rattle in, and then you'll see, my boy. Let the jury do what they please; what difference is it going to make? To-morrow we can send a million to New York and set the lawyers at work on the judges; bless your heart they will go before judge after judge and exhort and beseech and pray and shed tears. They always do; and they always win, too. And they will win this time. They will get a writ of habeas corpus, and a stay of proceedings, and a supersedeas, and a new trial and a nolle prosequi, and there you are! That's the routine, and it's no trick at all to a New York lawyer. That's the regular routine—everything's red tape and routine in the law, you see; it's all Greek to you, of course, but to a man who is acquainted with those things it's mere—I'll explain it to you sometime. Everything's going to glide right along easy and comfortable now. You'll see, Washington, you'll see how it will be. And then, let me think ..... Dilwortby will be elected to-day, and by day, after to-morrow night he will be in New York ready to put in his shovel—and you haven't lived in Washington all this time not to know that the people who walk right by a Senator whose term is up without hardly seeing him will be down at the deepo to say 'Welcome back and God bless you; Senator, I'm glad to see you, sir!' when he comes along back re-elected, you know. Well, you see, his influence was naturally running low when he left here, but now he has got a new six-years' start, and his suggestions will simply just weigh a couple of tons a-piece day after tomorrow. Lord bless you he could rattle through that habeas corpus and supersedeas and all those things for Laura all by himself if he wanted to, when he gets back."
"I hadn't thought of that," said Washington, brightening, "but it is so. A newly-elected Senator is a power, I know that."
"Yes indeed he is.—Why it, is just human nature. Look at me. When we first came here, I was Mr. Sellers, and Major Sellers, Captain Sellers, but nobody could ever get it right, somehow; but the minute our bill went, through the House, I was Col. Sellers eve
ry time. And nobody could do enough for me, and whatever I said was wonderful, Sir, it was always wonderful; I never seemed to say any flat things at all. It was Colonel, won't you come and dine with us; and Colonel why don't we ever see you at our house; and the Colonel says this; and the Colonel says that; and we know such-and-such is so-and-so because my husband heard Col. Sellers say so. Don't you see? Well, the Senate adjourned and left our bill high, and dry, and I'll be hanged if I warn't Old Sellers from that day, till our bill passed the House again last week. Now I'm the Colonel again; and if I were to eat all the dinners I am invited to, I reckon I'd wear my teeth down level with my gums in a couple of weeks."
"Well I do wonder what you will be to-morrow; Colonel, after the President signs the bill!"
"General, sir?—General, without a doubt. Yes, sir, tomorrow it will be General, let me congratulate you, sir; General, you've done a great work, sir;—you've done a great work for the niggro; Gentlemen allow me the honor to introduce my friend General Sellers, the humane friend of the niggro. Lord bless me; you'll' see the newspapers say, General Sellers and servants arrived in the city last night and is stopping at the Fifth Avenue; and General Sellers has accepted a reception and banquet by the Cosmopolitan Club; you'll see the General's opinions quoted, too—and what the General has to say about the propriety of a new trial and a habeas corpus for the unfortunate Miss Hawkins will not be without weight in influential quarters, I can tell you."
"And I want to be the first to shake your faithful old hand and salute you with your new honors, and I want to do it now—General!" said Washington, suiting the action to the word, and accompanying it with all the meaning that a cordial grasp and eloquent eyes could give it.
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