Ella Maud

by Nicholas Nicastro

  “Fair enough! Let the jury be impanelled here by Thursday at 12 o’clock.”

  He brought the gavel down again, and the first day of Jim’s trial was over. With that, one of the boys at the foot of Jones’ bench turned to the other and asked out loud, “Is that it?”

  As they led Jim out, he sighted William Cropsey among the onlookers. Every inch of his long form was clad in black, and his expression was one of withering contempt. It baffled Jim, this hostility—it was almost as if by this, the pure force of his malice, Cropsey believed he could make Jim into a murderer. But Jim was nothing of the kind, and he was sure Cropsey knew it. And indeed, when Jim held his gaze, Cropsey’s eyes lowered.

  This little victory sustained him all the way through the jeering mob and back to his lonely cell.

  On Thursday Jim got his first look at the jury. That he was to be judged by his exact peers was never in doubt: the jury was entirely male and overwhelmingly white. Of the twelve, he recognized two only slightly, and could not put names to their faces.

  Ward called the first witness for the prosecution: Dr. J.E. Wood, the Cropsey’s personal physician and member of the coroner’s jury. Solicitor Ward began:

  “How long have you been practicing medicine?”

  “Since 1869.”

  “What college did you graduate from?”

  “I graduated at the Washington University of Maryland, now known as the College of Physicians and Surgeons.”

  “From your experience as a practitioner, and from your learning as a physician, do you consider yourself competent to give an opinion satisfactory to yourself on medical matters?”

  “I do.”

  “Objection!” Aydlett rose. “Whether the witness can offer an opinion satisfactory to himself is irrelevant.”

  “I will rephrase, Your Honor,” replied Ward. “Dr. Wood, from your experience, do you consider yourself competent to give an informed opinion on medical matters?”

  “I do.”

  “Is that acceptable, Mr. Aydlett?” asked the judge, in a bemused tone.

  “Withdrawn.”

  “Are you able, from your learning in practice of your profession to form an expert opinion as to the death of a person, whether it was caused by drowning or otherwise?”

  “If the body is preserved, generally.”

  “Objection! Prosecution has offered no evidence that witness is expert in post-mortem examination.”

  “That competence is implicit in his credentials,” replied Ward.

  “Mr. Aydlett, if you are going to object to everything State’s witnesses say, do us the courtesy of informing us now. The Court will apply to the Legislature for funds to pay for a two-year trial.”

  There was a smattering of laughter around the courtroom.

  “The defense will make no promises, Your Honor.”

  “You may take your concerns up on cross. Objection overruled.”

  “Exception.”

  “Dr. Wood, are you competent in this regard?”

  “I believe I am, sir.”

  On his examination, Aydlett did not pause for pleasantries.

  “Dr. Wood, is being a physician your only profession in this town?”

  “No. I also run a drug store on Main Street.”

  “And how much time would you say you spend on that occupation?”

  “I don’t know. A good part of the day, but not all.”

  “I see. And have you ever had the experience before this, in examining a body that was claimed to have been drowned?”

  “No sir, I have not.”

  “Then you have never made before, an autopsy of a person who was claimed to have been drowned?”

  “This is the first one I made.”

  “Then doctor, how did you get your information regarding the drowning of people—from what source?”

  “From the authorities.”

  “What authorities?”

  “Taylor & Reese.”

  “Are Taylor & Reese standard authorities?”

  “They are so considered.”

  Aydlett went to the defense table and lifted four heavy books.

  “Doctor, how many works are there that treat upon the subject?”

  “I don’t know.”

  “Hammond is one, is it not?”

  “I don’t know.”

  The lawyer dropped Hammond with a thunk.

  “Wharton is one, is it not?”

  “Yes sir.”

  Thunk.

  “Hamilton is one, is it not?”

  “I don’t know.”

  Thunk.

  “Is Champman one?”

  “I don’t know.”

  Thunk.

  “Then the only authorities you have examined are Taylor & Reese?”

  “Yes.”

  “I have a copy of Taylor & Reese here,” said Aydlett, holding up the text. “The section that treats of drowning is a single chapter in length, chapter 38. Is it your testimony, Dr. Wood, that a man’s life should rest on the expertise of a part-time druggist, based on information gleaned from a mere twenty-one pages of a single source?”

  The doctor blanched. “That was just plain mean, Ed,” he said.

  Judge Jones pounded his gavel. “Mr. Aydlett, contents of the town library notwithstanding, the competence of this witness has already been accepted by the Court. His testimony is admissible.”

  “Objection, Your Honor.”

  “Overruled.”

  “Exception.”

  Ward resumed his examination. After an exhaustive review of the circumstances and proceedings of the autopsy that left half the crowd appalled and the rest yawning, Wood testified to its finding.

  “If the jury should find as a fact,” stipulated Ward, “that the body of Ella Cropsey did stay in the water thirty-seven days after she was stricken on the left temple with a blow, and that there was a tablespoon of dark fluid blood underneath the skin of the left temple and diffused by the muscular substance, and the membrane of the bone thereunder was injured, and should further find that there was no water in the stomach, no blood in her heart on either side, no water in her lungs, no water in her pleural cavity — how, in your opinion, did this woman come to her death?”

  “I should think that the woman was knocked on that temple and stunned and while in that condition, put into the water.”

  “So it is your conclusion that she was murdered?”

  “She was murdered.”

  Ward paused to let this statement sink into the minds of the jury.

  “Thank you, Your Honor.”

  “Your witness, Mr. Aydlett.”

  “Dr. Wood, you explained you found no marks of violence on her body and face, did you?”

  “We found no obvious marks on first examination.”

  “And that was your decision when you left there and returned to town after you and the other doctors made that examination?”

  “That is correct.”

  “So you are saying that the bruise was too subtle to be noticed, or that your examination was not thorough enough to notice it?”

  “It was obviously thorough enough, because we found it.”

  “Belatedly so. Can you testify as to whom on the coroner’s jury first noticed the wound?”

  “I don’t recall.”

  “According to his written statement, Mr. Ferebee, the barber, was first to notice a swelling on the left side of her head. Is that your recollection?”

  “I don’t recall.”

  Buried among the onlookers, J.B. Ferebee held his head up a little higher.

  “You have testified that Taylor & Reese are the sole authorities you consulted, correct?”

  “I have.”

  “Doesn’t Taylor say this: that blood in the heart is no positive evidence whether a person is drowned or not?”

  “Yes sir, it says it is not positive evidence.”

  “You say the lungs had no water in them?”

  “No water, correct.”

  “D
octor, isn’t a fact that about one-half of the people who are drowned have no water in their lungs?”

  “Yes, sir.”

  “Isn’t it frequently the case that water is not in the pleural cavity when one is drowned?”

  “Very frequently.”

  “In fact, isn’t it very seldom that water is in the pleural cavity when one is drowned?”

  “It is found about half the time.”

  “Now as to the stomach. Do you always find water in the stomach when a person is drowned?”

  “No sir.”

  “In fact, do not Taylor & Reese say the following—“The absence of water from the stomach cannot, however, lead to the inference that the person has not died from drowning, because in some instances it is not swallowed, and in others it may drain away…?”

  “If that’s what it says.”

  “Is that a ‘yes’, sir?”

  “I mean I don’t recall the exact wording.”

  “Well, Dr. Wood, you’ll have to indulge me because I am confused. If your sole authority states that neither the condition of the heart, nor the lungs, nor the pleural cavity, nor the stomach are determinative of whether a person drowned or not, how do you come by such a definite conclusion, that Miss Cropsey was struck and put into the water?”

  Wood swallowed.

  “Any one of those conditions alone may not be definitive. But taken together, an opinion may be formed. Including the bruise on her head.”

  “Regarding that—the place where the body of Miss Cropsey was found is near a railway bridge, isn’t it?”

  “Yes.”

  “And there are sawmills nearby, and therefore scraps of wood and pilings and such?”

  “I suppose there are.”

  “Based on your expertise, doctor, could not this bruise have appeared by the body getting into a position that it could have rested upon some hard or rough place, such as a stump or piling?”

  “It is very apt to cause the bruise on the outside.”

  “But it could have produced the damage internally?”

  “Not without showing an outside scratch. There would be—be apt to be—some external evidence.”

  “But do not Taylor & Reese say the following: ‘Even marks of violence on the body must not be too hastily construed into proofs of murder…’?”

  “Objection,” said Ward. “Counsel has not proven the witness was ‘hasty’.”

  “Sustained. Jury will disregard that question.”

  Aydlett continued: “Was the body decomposed, doctor?”

  “Only to the extent of producing enough gas to raise the body.”

  “Answer the question. Had decomposition set in?”

  “Only at that point.”

  “What about scavenging from fish and such, doctor? Would you expect to see evidence of such after such a long time in the water?”

  “Perhaps.”

  “Did you note any?”

  “No.”

  “So is it plausible to you that a body may lie in the river for thirty-seven days, and show little evidence of scavenging?”

  “It depends on circumstances,” said Wood, shifting in his seat. A fine sheen of perspiration now stood out on his forehead, but he did not take out his handkerchief to mop it.

  “What circumstances?”

  “Ambient temperature. The condition of the water. The river from the swamp contains much juniper, which is acidic. That might have discouraged scavengers. That the body was heavily clothed may also have delayed scavenging.”

  “Miss Cropsey was clothed, but her hands and left foot were fully exposed, were they not?”

  “Both feet were clad in stockings.”

  “But you testified that the left toe was exposed.”

  “You’re quibbling,” said Wood.

  “Did you see any evidence of scavenging upon those exposed members?”

  “No.”

  “Would you therefore agree, Doctor, that you present no definitive evidence that Nell Cropsey was drowned, or struck on the head, or indeed was even in the water for thirty-seven days?”

  “Objection!” Ward jumped to his feet. “Witness has already testified as to his conclusions.”

  Jones hesitated, drumming his fingers. “Overruled.”

  “Taken in isolation,” Wood said, “none of the details compel any particular conclusion. But taken together, I believe the truth is clear.”

  Aydlett yielded back to Ward.

  “May I borrow that book?”

  “Of course,” said Aydlett, handing him the text.

  “Dr. Wood, while we are reading from Messrs. Taylor & Reese, is it not true that on page 429, they state: A medical inference of drowning is founded upon a certain series of facts, to each of which, individually, it may be easy to oppose plausible objections; but taken together they furnish cumulative evidence as strong as is commonly required for proof of any kind of death…’?”

  “I believe they do.”

  “Thank you. No further questions.”

  After a one hour break for lunch, it was Ike Fearing’s turn. The young coroner did not look composed on the stand; as he recited his credentials, his eyes kept shifting over to Aydlett.

  “From your study and practice of your profession,” asked Ward, “are you able to form an expert opinion as to whether the death of a person was caused by a wound on the head, or blow, or bruise?”

  “Yes, sir.”

  “And your conclusion?”

  “The victim was rendered unconscious from a blow to the head, and then put in the water in that state.”

  “Thank you. Your witness.”

  Ward took his seat. Aydlett did not rise to begin his examination, but remained seated next to Jim. Wilcox had procured a piece of gum during the lunch break, and chewed away with a strange placidity.

  “Doctor, did you ever examine a body claimed to have been drowned before this?”

  “Yes, I have.”

  “Made an autopsy of it?”

  “No sir, not an autopsy.”

  “Then you did not make an examination as to the condition of the parts of the body internally?”

  “No, sir.”

  “Then, as I understand, you have never examined a body internally except this body, that was claimed to be drowned?”

  “Yes, I have since then.”

  “When?”

  “Last January or February; I forget the date.”

  “Where?”

  “At Possum Quarter Landing.”

  “Then you examined one body since. Then Doctor, where do you get your information from if you have not had personal experience?”

  “I got it from observations and that autopsy since then. And I have read some authorities.”

  “Which authorities?”

  “Taylor & Reese,” Fearing said, sullenly.

  Laughter erupted from the back of the courtroom. Jones pounded his gavel.

  “Continue, Mr. Aydlett.”

  “Then that is your information, from an autopsy conducted after the fact, and your reading of one authority?”

  “Yes.”

  “Your Honor, defense has no further questions on the matter of Dr. Fearing’s fitness to testify as an expert.”

  “Thank you, counselor. Based on examination, the witness is acceptable to the Court.”

  “Objection!”

  “Overruled.”

  The prosecution pursued the same line it had with Dr. Wood. The clinical details became numbing to the onlookers; as terms like “osmosis” and “peritoneum” were uttered over and over, the eyes of the jurymen wandered.

  “Dr. Fearing, if the jury should find that this body had been there in the water thirty-seven days, that the body had been put into the water, or gone in the water, not dead or unconscious, what in your opinion would be the condition of the stomach as to its contents?”

  “Objection!”

  “Overruled.”

  “Exception.”

  “I should expect to find w
ater in there,” replied Fearing. “Still, there might not be.”

  “And if they should find that this body had lain in the water thirty-seven days, and that it had been put in the water dead or unconscious, what, in your opinion, if any, would be its effect upon the stomach as to its contents?”

  “Objection!”

  “Overruled.”

  “Exception.”

  “I should expect to find no water in it…”

  The pattern of questions repeated with respect to the heart, lungs, and pleura, with Aydlett objecting at every turn. So regularly did he object that it became a game in the drinking establishments of Elizabeth City: every time he leapt to his feet, look-outs would relay it to the saloons, and the patrons would cheer, toast and drink.

  “Then it is your conclusion, Doctor, that Miss Ella Cropsey found her death by murder, not suicide?”

  “That is my conclusion.”

  “Thank you. No further questions for now.”

  “Your witness, Mr. Aydlett.”

  “Dr. Fearing, it is correct that you were the one who physically conducted the autopsy?”

  “It is.”

  “And it is your contention that you conducted a full examination?”

  “That is a fact, not my contention.”

  “I see. But tell me, are you aware of the research of Dr. Riedell on the subject of drowning?”

  “I recognize the name.”

  “Then can you summarize his main findings?”

  “Objection!” cried Ward. “Counsel is not entitled to test the witness.”

  “Sustained. Mr. Aydlett, that horse has left the barn.”

  “Your Honor, the question bears directly on the conclusions on which the State’s case is based.”

  “If you have a specific point to make, get to it.”

  “Yes, sir. Dr. Fearing, you are aware that Dr. Riedell’s experiments on drowned animals showed there is one incontrovertible sign of death by drowning: the presence of a mucous froth in the air-passages and lungs?”

  “I don’t recall those words exactly.”

  “They are in all the textbooks, including Taylor & Reese. Page 427 of that book reads: Dr. Riedell regards the presence of a mucous froth as a constant sign of this kind of death. In all his experiments and observations he states that he found a frothy fluid in windpipe, bronchii, and lungs; after death it gradually disappeared from the air-tubes by exomosis, but not from the lungs. The fluidity of this froth is, he contends, a distinctive character of death from drowning, and is not met with in any other case.’”