SLIPPERY DICK RIGHTS A WRONG.
The prominence of the accused and of his friends, added to the
sensational publication, made the case one of immense interest. The
court house was crowded to its utmost and room had to be made within the
bar for prominent citizens. There was a "color line" feature in the
murder, and the gallery was packed with curious black faces. Edward,
quiet and self-contained, sat by his lawyers, and near him was the old
general and Col. Montjoy. Slightly in the rear was Barksdale, calm and
observant. The State had subpoened Royson as a witness, and, smilingly
indifferent, he occupied a seat as a member of the bar, inside the rail.
The case was called at last.
"The State versus Edward Morgan, murder. Mr. Solicitor, what do you say
for the State?" asked the court.
"Ready."
"What do you say for the defense, gentlemen?"
"Ready."
"Mr. Clerk, call the jury." The panel was called and sworn. The work of
striking the jury then proceeded. Eldridge and Dabney were clever
practitioners and did not neglect any precaution. The jury list was
scanned and undesirable names eliminated with as much care as if the
prisoner had small chance of escape.
This proceeding covered an hour, but at last the panel was complete and
sworn. The defendant was so little known that this was a simple matter.
The witnesses for the State were then called and sworn. They consisted
of the coroner, the physician who had examined the wound, and others,
including Gen. Evan, Virdow and Royson. Gen. Evan and Virdow had also
been summoned by the defense.
As Royson took the oath it was observed that he was slightly pale and
embarrassed, but this was attributed to the fact of his recent conflict
and the eager state of the great crowd. No man in the room kept such
watch upon him as Barksdale; never once did he take his eyes from the
scarred face. Witnesses for the defense were then called--Gen. Evan and
Virdow. They had taken the oath. The defense demanded that witnesses for
the State be sent out of the room until called. As Royson was rising to
comply with the requirement common in such cases, Dabney stood up and
said:
"Before Mr. Royson goes out, may it please Your Honor, I would
respectfully ask of the solicitor what it is expected to prove by him?"
"We expect to prove, Your Honor, that Mr. Royson wrote a certain letter
which charged the prisoner with being a man of mixed blood, and that
Rita Morgan, the woman who was killed, was the woman in question and the
only authority; an important point in the case. Mr. Royson, I should
say, is here by subpoena only and occupying a very delicate situation,
since he was afterward, by public report, engaged in a conflict with the
prisoner, growing out of the publication of that letter."
"The solicitor is unnecessarily prolix, Your Honor. I asked the question
to withdraw our demand in his case as a matter of courtesy to a member
of the bar." Royson bowed and resumed his seat.
"I now ask," said Dabney, "a like courtesy in behalf of Gen. Evan and
Prof. Virdow, witnesses for both State and defense." This was readily
granted.
There was no demurrer to the indictment. The solicitor advanced before
the jury and read the document, word for word. "We expect to prove,
gentlemen of the jury, that the dead woman, named in this indictment,
was for many years housekeeper for the late John Morgan, and more
recently for the defendant in this case, Edward Morgan; that she resided
upon the premises with him and his cousin, Gerald Morgan; that on a
certain night, to wit, the date named in the indictment, she was
murdered by being struck in the head with some blunt implement, and that
she was discovered almost immediately thereafter by a witness; that
there was no one with the deceased at the time of her death but the
defendant, Edward Morgan, and that he, only, had a motive for her
death--namely, the suppression of certain facts, or certain publicly
alleged facts, which she alone possessed; that after her death, which
was sudden, he failed to notify the coroner, but permitted the body to
be buried without examination. And upon these facts, we say, the
defendant is guilty of murder. The coroner will please take the stand."
The officer named appeared and gave in his testimony. He had, some days
after the burial of the woman, Rita Morgan, received a hint from an
anonymous letter that foul play was suspected in the case, and acting
under advice, had caused the body to be disinterred and he had held an
inquest upon it, with the result as expressed in the verdict which he
proceeded to read and which was then introduced as evidence. The witness
was turned over to the defense; they consulted and announced "no
questions".
The next witness was the physician who examined the wound. He testified
to the presence of a wound in the back of the head that crushed the
skull and was sufficient to have caused death. Dabney asked of this
witness if there was much of a wound in the scalp, and the reply was
"No".
"Was there any blood visible?"
"No." The defense had no other questions for this officer, but announced
that they reserved the right to recall him if the case required it.
The next witness was Virdow. He had seen the body after death, but had
not examined the back of the head; had seen a small cut upon the temple,
which the defendant had explained to him was made by her falling against
the glass in the conservatory. There was a pane broken at the point
indicated.
And then Evan was put up.
"Gen. Evan," asked the solicitor, "where were you upon the night that
Rita Morgan died?"
"At the residence of Edward Morgan, sir."
"Where were you when you first discovered the death of Rita Morgan?"
"Gentlemen of the jury, at the time indicated, I was standing in the
glass-room occupied by the late Gerald Morgan, in the residence of the
defendant in this county----"
"And state?" interrupted the solicitor.
"And state. I was standing by the bedside of Gerald Morgan, who was ill.
I was deeply absorbed in thought and perfectly oblivious to my
surroundings, I suppose. I am certain that Edward Morgan was in the room
with me. I was aroused by hearing him cry out and then discovered that
the door leading into the shrubbery was open. I ran out and found him
near the head of the woman."
"Did you notice any cuts or signs of blood?"
"I noticed only a slight cut upon the forehead."
"Did you examine her for other wounds?"
"I did not. I understood then that she had, in a fit of some kind,
fallen against the glass, and that seeing her from within, Mr. Morgan
had run out and picked her up."
"Did you hear any sound of breaking glass?"
"I think I did. I cannot swear to it; my mind was completely absorbed at
that time. There was broken glass at the place pointed out by him."
"That night--pointed out that night?"
"No. I believe some days later."
"Did you hear voices?"
"I heard some one say 'They lied!' and then I heard Edward Morgan cry
aloud. Going out I found him by the dead body of the woman."
The defense cross-questioned.
"You do not swear, General Evan, that Mr. Morgan was not in the room at
the time the woman Rita was seized with sudden illness?"
"I do not. It was my belief then, and is now----"
"Stop," said the solicitor.
"Confine yourself to facts only," said the court.
"You are well acquainted with Mr. Morgan?"
"As well as possible in the short time I have known him."
"What is his character?"
"He is a gentleman and as brave as any man I ever saw on the field of
battle." There was slight applause as the general came down, but it was
for the general himself.
"Mr. Royson will please take the stand," said the solicitor. "You were
the author of the letter concerning the alleged parentage of Edward
Morgan, which was published in an extra in this city a few weeks since?"
Royson bowed slightly.
"From whom did you get your information?"
"From Rita Morgan," he said, calmly. There was a breathless silence for
a moment and then an angry murmur in the great audience. All eyes were
fixed upon Edward, who had grown pale, but he maintained his calmness.
The astounding statement had filled him with a sickening horror. Not
until that moment did he fully comprehend the extent of the enmity
cherished against him by the witness. On the face of Barksdale descended
a look as black as night. He did not, however, move a muscle.
"You say that Rita Morgan told you--when?"
"About a week previous to her death. She declared that her own son had
secured his rights at last. I had been consulted by her soon after John
Morgan's death, looking to the protection of those rights, she being of
the opinion that Gerald Morgan would inherit. When it was found that
this defendant here had inherited she called, paid my fee and made the
statement as given."
"Why did you fight a duel with the defendant, then--knowing, or
believing you knew, his base parentage?"
"I was forced to do so by the fact that I was challenged direct and no
informant demanded; and by the fact that while my friends were
discussing my situation, General Evan, acting under a mistaken idea,
vouched for him."
These ingenuous answers took away the general's breath. He had never
anticipated such plausible lies. Even Dabney was for the moment
bewildered. Edward could scarcely restrain his emotion and horror. As a
matter of fact, Rita was not dead when the challenge was accepted.
Royson had lied under oath!
"The witness is with you," said the solicitor, with just a tinge of
sarcasm in his tones.
"Were the statements of Rita Morgan in writing?" asked Dabney.
"No."
"Then, may it please Your Honor, I move to rule them out." A debate
followed. The statements were ruled out. Royson was suffered to descend,
subject to recall.
"The State closes," said the prosecuting officer.
Then came the sensation of the day.
The crowd and the bar were wondering what the defense would attempt with
no witnesses, when Dabney arose.
"May it please Your Honor, we have now a witness, not here when the case
was called, whom we desire to bring in and have sworn. We shall decide
about introducing him within a few moments and there is one other
witness telegraphed for who has just reached the city. We ask leave to
introduce him upon his arrival." And then turning to the sheriff, he
whispered direction. The sheriff went to the hall and returned with a
negro. Royson was engaged in conversation, leaning over the back of his
chair and with his face averted. The witness was sworn and took the
stand facing the crowd. A murmur of surprise ran about the room, for
there, looking out upon them, was the well-known face of Slippery Dick.
The next proceedings were irregular but dramatic. Little Dabney drew
himself up to his full height and shouted in a shrill voice:
"Look at that man, gentlemen of the jury." At the same time his finger
was pointed at Royson. All eyes were at once fixed upon that individual.
His face was as chalk, and the red scar across the nose flamed as so
much fiery paint. His eyes were fastened on the witness with such an
expression of fear and horror that those near him shuddered and drew
back slightly. And as he gazed his left hand fingered at his collar and
presently, with sudden haste, tore away the black cravat. Then he made
an effort to leave, but Barksdale arose and literally hurled him back in
his chair. The court rapped loudly.
"I fine you $50, Mr. Barksdale. Take your seat!"
Dick, unabashed, met that wild, pleading, threatening, futile gaze of
Royson, who was now but half-conscious of the proceedings.
"Tell the jury, do you know this man?" shouted the shrill voice again,
the finger still pointing to Royson.
"Yes, sah; dat's Mr. Royson."
"Were you ever hired by him?"
"Yes, sah."
"When--the last time?"
"'Bout three weeks ago."
"To do what?"
"Open 'er grave."
"Whose grave?"
"Rita Morgan's."
"And what else?"
There was intense silence; Dick twisted uneasily.
"And what else?" repeated Dabney.
"Knock her in de head."
"Did you do it?"
"Yes, sah."
"Where did you knock her in the head?"
"In de back of de head."
"Hard?"
"Hard enough to break her skull."
"Did you see Mr. Morgan that night?"
"Yes, sah."
"Where?"
"Downtown, jus' fo' I tole Mr. Royson 'all right'."
"Where did you next see him?"
"After he was killed by de lightnin'."
"The witness is with you," said Dabney, the words ringing out in
triumph. He faced the solicitor defiantly. His questions had followed
each other with astounding rapidity and the effect on every hearer was
profound. The solicitor was silent; his eyes were upon Royson. Some one
had handed the latter a glass of water, which he was trying to drink.
"I have no questions," said the solicitor gravely.
"You can come down, Dick." The negro stepped down and started out. He
passed close to Royson, who was standing in the edge of the middle
aisle. Their eyes met. It may have been pure devilishness or simply
nervous facial contortion, but at that moment the negro's face took on a
grin. Whatever the cause, the effect was fatal to him. The approach of
the negro had acted upon the wretched Royson like a maddening stimulant.
At the sight of that diabolical countenance, he seized him with his left
hand and stabbed him frantically a dozen times before he could be
prevented. With a moan of anguish the negro fell dead, bathing the scene
in blood.
A great cry went up from the spectators and not until the struggling
lawyer and the bloody corpse had been dragged out did the court succeed
in enforcing order.
The solicitor went up and whispered to the judge, who nodded
immediately, but before he announced that a verdict of acquittal would
be allowed, the defendant's attorneys drew him aside, and made an appeal
to him to let them proceed, as a mere acquittal was not full justice to
the accused.
Then the defense put up the ex-reporter and by him proved the
procurement by Royson of the libels and his authorship and gave his
connection with the affair from the beginning, which was the reception
of an anonymous card informing him that Royson held such information.
Gen. Evan then testified that Rita died while Royson's second was
standing at the front door at Ilexhurst, with Royson's note in his
pocket.
The jury was briefly charged by the court and without leaving the box
returned a verdict of not guilty. The tragedy and dramatic denouement
had wrought the audience to the highest pitch of excitement. The
revulsion of feeling was indicated by one immense cheer, and Edward
found himself surrounded by more friends than he thought he had
acquaintances, who shook his hand and congratulated him. Barksdale
stalked through the crowd and laid $50 upon the clerk's desk. Smiling up
at the court he said:
"Will Your Honor not make it a thousand? It is too cheap!"
But that good-natured dignitary replied:
"The fine is remitted. You couldn't help it."