"For God unfolds, by slow degrees,
The purport of his deep decrees;
Sheds every hour a clearer light
In aid of our defective sight;
And spreads, at length, before the soul
A beautiful and perfect whole,
Which busy man's inventive brain
Toils to anticipate in vain." COWPER.
_Wednesday, September 4th._
How true is the old adage, "Murder will out." It has certainly been
verified in our village. But I will not anticipate. It was hardly light
this morning, when the Doctor was summoned from bed to Mr. Fuller, who
was dying, and had been calling for Dr. Lenox all night. At length, he
became very urgent, and said, he could not die in peace till he had
confessed the great sin that troubled his conscience. I waited with no
little impatience for Frank's return; but nine o'clock came and there
had only been a messenger for Cæsar to drive the buggy to the office.
It was long past the usual dinner hour when Frank returned. When he did
so, I saw that something very unusual had taken place, for he hardly
spoke, but frequently ceased eating, though he had taken no breakfast,
and sat resting his head upon his hand.
Leaving the dining-room hurriedly, he said, "Cora, will you come to me
in the library as soon as possible." I left Pauline with the little
ones in the nursery, and followed him directly. He silently beckoned me
to a seat near him, when he related as follows the scenes of the
morning.
"Cora, do you remember the account I gave you years ago, of the setting
up of the will of Joseph Lee, before the Probate Court?"
"Perfectly," I replied.
"Well, Fuller, who died this morning, was a witness, who testified that
the business transacted by the lawyer, was merely a deed of gift to a
poor widow. By his dying confession, however, he has unfolded a horrid
plot of villany. Squire Lee at that very time made a _second_ will,
which no doubt was in Lucy's favor. He did indeed convey away the
cottage at the same interview; but that was only a secondary part of the
business." I sprang to my feet, and clapped my hands in an ecstasy.
"But what possible motive could he have had for perjuring himself?" I
asked eagerly.
"He was hired to do so by the lawyer. I immediately sent a neighbor who
was watching with my patient to a magistrate, and he took down the poor
man's confession, together with many circumstances relating to the
subject which will throw light on the villany. A writ was at once made
out and served upon Joseph Lee and Oscar Colby, for conspiracy, and
before nine o'clock, they were before the justice, by whom they were
committed to jail to await their trial at the next term of the Criminal
Court."
When the sheriff went to arrest them, Joseph was sleeping off the
effects of his intoxication; and when dragged from his bed, and made to
understand that he was arrested, he swore and raved so shockingly, that
the sheriff told him, he would put him in irons if he was not quiet. Mr.
Colby was different; he looked ghastly pale, while his eyes rolled from
side to side; but he made no resistance.
Poor Lucy! Little reason as she has to love her brother, this will be a
terrible blow to her affectionate heart. Although Joseph has been
living at the Hall since last spring, yet he has never taken the least
notice of her or her family, and even seems to have forgotten that he
has a sister. The dear girl thought all her trials were over, she has
been so contented and happy with her little family. She has a beautiful
pair of twin boys. Emily is six years old. Frank says, it was a painful
duty to inform her of the arrest of her brother, which he did this
morning.
He was very much affected by her first words after he had told her of
Mr. Fuller's confession. "Then my dear father did remember me;" and she
burst into tears.
_Thursday, September 5th._
Allen Mansfield called here this morning to consult with the Doctor,
after having in vain sought him at the office. Nothing for years has
caused such an excitement in the town; and corroborative testimony is
constantly related by one and another, as to the certainty of a will.
But _where_ is it? That it was destroyed at the time is the current
opinion. The vile character of the prisoners--the virtue of young
Mansfield's family--the probable result of the trial--the length of
imprisonment for such crimes--the motives which influenced Mr. Colby to
such an act, are the universal themes of conversation.
Groups of men stand in the streets discussing the latest intelligence of
the affair, while Lucy and her husband from being among the most quiet
citizens of the place have been suddenly transformed into the lions of
the day. Their every word and look is eagerly repeated from one to
another. One benefit has already resulted from all this. Public
attention and sympathy have been turned to the family of widow Fuller,
and she has help flowing in from all quarters. In return, she has only
to repeat some two or three dozen times a day the sad confession of her
husband's crime. "I had it from the lips of the widow," is enough to
draw a crowd of listeners eager for something to fan their already
over-excited imaginations.
Even the Doctor is not without his share of attention, from being the
one to whom the confession was originally made, and from being a
particular friend of the Mansfields.
_Monday, September 9th._
The excitement in town is constantly on the increase. Poor Lucy is
almost as much a prisoner as her brother. She was riding out with her
children a day or two since, when some one shouted, "there goes Mrs.
Mansfield, sister to the prisoner," and a whole posse of boys ran
shouting after the carriage. Such notoriety is by no means pleasing to
her, and she is determined to avoid it in future. Mr. Willard, the
District Attorney, who will manage the case for Allen, in behalf of the
government, has grown very fast in public esteem for a few years, and is
considered an uncommonly shrewd lawyer and an excellent advocate. Report
says that Joseph has secured the services of an able and far famed
lawyer from the city, and means to spare no expense to procure his
acquittal at the coming trial, which does not take place until the
fore-part of November. Mr. Willard, being on the spot, has every
advantage of circumstantial testimony. He has already obtained a warrant
to search the premises, and in company with a man appointed keeper by
the sheriff, who served a writ attaching the whole for damages in behalf
of Allen, went from room to room, examining every private drawer, desk,
shelf, or crevice where such a document could be secreted. But it was
all in vain; yet a more thorough search will be made to-morrow.
Joseph is in a shocking condition, caused by the involuntary and sudden
cessation of his excess in drinking. His eyes seem ready to start from
their sockets; and he is so violent in his demands for brandy, and so
furious because he cannot obtain it that the jailor has been obliged to
put him in irons. Mr. Colby is in a dreadful state of nervous
excitement, and walks from morning till night back and forth in the
small cell where he is confined. Upon one or two occasions, when Mr.
Willard, in company with a sheriff, visited him, he would not deign a
reply to any question they put to him.
_Tuesday, September 10th._
Nothing whatever was found reflecting light upon this dark plot, on the
most rigid examination of the whole premises. While Allen was there, a
messenger came from the jailer to the sheriff for some clothes for Mr.
Colby, who complained of the dampness of his cell.
The sheriff proceeded to the room which had been occupied by him, where
various articles of apparel were thrown upon the chairs and around the
room just as he left them the night previous to his arrest. Having fully
examined a dressing gown and cloak, and ascertained that nothing was
concealed in them, he gave them to the messenger.
_Friday, September 20th._
Nothing of importance has transpired to throw light upon the
all-engrossing topic. A slight suspicion was awakened in the mind of Mr.
Willard by the increasing demand for clothes by Mr. Colby, and Hon. Mr.
Marshall, the Attorney General, specially retained, gave orders that no
more be sent him. Upon a re-examination, of every article of apparel in
his room and wardrobe at the Hall, he has found nothing to justify such
a suspicion.
But he is ever on the alert, and determined, if possible, to ferret out
all the iniquitous proceedings. The daily papers are full of the most
exaggerated accounts of these transactions, report of which has spread
the excitement through the country.
Persons may be seen at all hours of the day walking past Lee Hall,
wondering what room the prisoners occupied before their arrest, where
the keeper remains, and making inquiries on these and a thousand other
points of those of the neighbors and inhabitants whom they happen to
meet.
_Tuesday, November 5th._
Half past seven o'clock, A. M. The all-important day has at length
arrived. Even at this early hour carriage after carriage from the
adjoining towns rolls by toward the court House. Men and women are seen
hurrying in the same direction, all eager to gain admission to the court
room. For many years, no case has excited such deep and universal
interest. The vast estate involved--the great respect for the family of
Mr. Mansfield--the daring plot of Joseph and Colby--the horrible cruelty
of the former toward his sister, driving her from the home of her
childhood, have raised the excitement to the highest pitch. My hand
trembles, and my heart goes "pit-a-pat" as I think of being present at
the trial. The Doctor has kindly procured a permit for me to be there as
a companion of Lucy, whose heart, poor girl, is ready to faint within
her. I shall endeavor to take notes that I may give you and father an
account of an American trial.
_Thursday, November 7th._
On Tuesday morning, at half past eight, the Doctor came for me to go to
the court. My hands were numb from excitement, and for a moment I felt
inclined to remain at home; but summoning all my resolution, I stepped
into the carriage, when Cæsar drove to Mr. Mansfield's, took in Lucy,
who looked more as if she were to be tried as a criminal, than as if she
were about to inherit an estate worth a million of dollars.
When the Doctor assisted us from the carriage, and I witnessed the
immense crowd standing around the ponderous doors of the court-room, my
limbs trembled beneath me, and I clung convulsively to my husband's arm.
"All filled up two hours ago!"--"No room!"--"You can't get in!" were
shouted by men and boys on every side. Even the constables standing with
a pole at the foot of the stairs told us, we could not proceed. But the
Doctor paid no sort of heed to all this. With the air and bearing of a
Lenox, he walked majestically on, merely bowing to the officer and
pronouncing the word "witness;" when he stood one side to allow us to
pass and to get through the crowd as best we could. I can hardly tell
you how we were able to make our way up the stone steps to the room
above. Sometimes the Doctor was recognized. At others, Lucy's pale face
caused the eager crowd to stand yet a little closer and to allow us to
press along.
At the inner door, near the head of the stairs, stood a sheriff, who on
recognizing the Doctor opened the door, and we stood within the room.
Another deputy sheriff came forward and gave us a seat with the
witnesses. Here my husband pointed out to me the seats of the judge, and
the jury, the boxes for the criminals and the other parts of this temple
of justice.
I will describe them to you. The Court-room is large; I should judge,
about fifty feet by sixty. On one end of the Hall is a raised platform
called the bench, and occupied by the Judges, with private entrances on
each side for the convenience of the court. In front of the bench and on
an elevation about half as high, is a space enclosed with a railing
within which are tables for the Clerk, District Attorney and Attorney
General. Before this railing is a table for the reporters, at which are
seated a goodly number with pen in hand, eager to catch every word of
this terrible trial, and to send the report thereof by the dailies and
by bulletins all over the country.
Running along on each side of the room are three banks of seats,
resembling long slips or pews, and occupied by the witnesses and jury. A
walk or aisle runs along at the foot of these seats. The large open area
in front of the reporters and of this aisle, is circled with a railing
within which are seats and small desks for members of the bar. Just
beyond the railing and opposite to the Judge are boxes for the criminals
with sharp iron pickets on the top. All the rest of the unoccupied space
was crowded on this occasion with a dense mass of spectators, some of
whom had been standing ever since the opening of the Court-room.--Over
the end of the Hall was a gallery densely crowded. One by one, the
Jurors, Clerk, Lawyers, District Attorney, Attorney General and Judge
entered and took their seats. As the large clock in the room struck
nine, officers appeared leading in the prisoners.
I was obliged to put my arm around my distressed friend. She looked
ready to faint; but holding strong volatile salts to her nose, she
endeavored to control her feelings. Frank and myself regretted extremely
that the Attorney General thought it necessary to summon her as a
witness.
The court opened. The Clerk read the Docket, from which it appeared that
the Grand Jury had found three bills against the prisoners at the bar;
for conspiracy in obtaining property under false pretences--for wilful
perjury--and for fraud.
On motion of the Attorney General, it was ordered that they should be
tried upon the first of these, as it related to the primary, and
principal crime. The Clerk called upon the prisoners to arise and attend
to the indictment on which they were arraigned.
"COMMONWEALTH OF MASSACHUSETTS.
_"County of ----. At the Court of Common Pleas, begun and holden in
Crawford, within the County of ----, on the first Monday, being the
fourth day of November, in the year of our Lord one thousand eight
hundred and forty-four._
"The Grand Jurors for the Commonwealth of Massachusetts, upon their
oath present that Joseph Lee, and Oscar Colby, gentlemen, of the
town of Crawford, in the county of ----, not having the fear of God
before their eyes, and being moved by an evil heart, and seduced by
the instigations of the devil, on or about the first day of
November, in the year of our Lord one thousand eight hundred and
thirty-seven, in the town, county and commonwealth aforesaid, did
wilfully and maliciously conspire together to secrete or destroy
the last will and testament of one Joseph Lee deceased, of said
town, county and commonwealth aforesaid. And did thereby
feloniously and wilfully arrest the course of justice in the
settlement of the estate of the deceased Joseph Lee, by setting
up, and subsequently executing as his last will and testament, a
will prior to his last, and thereby defrauding his legal heir or
heirs, and so the Jurors upon their oath aforesaid do say that the
said Joseph Lee, and Oscar Colby then and there, in the manner
aforesaid, did commit the crime of conspiracy as aforesaid, against
the peace of the Commonwealth aforesaid, and the laws in such cases
made and provided.
_A true bill._
James Frothingham, Foreman.
John Marshall, Attorney General."
To this indictment the prisoners plead "_not guilty_." The Clerk then
proceeded to impanel the jury.
Moses Willard, District Attorney, appeared and took his seat. The
counsellors for the defendants were Edgar Burke, and Sylvanus Curtiss.
_Clerk of the Court._ "Gentlemen of the Jury, hearken to the indictment
found against Joseph Lee, and Oscar Colby."
Here the Clerk read the indictment to the Jury, when he continued: "To
this indictment, the defendants have plead not guilty, and have put
themselves on the country, which country you are, and you are now sworn
to try the issue."
_District Attorney._ "You perceive, Gentlemen of the Jury, by the
indictment that has been read to you that Joseph Lee and Oscar Colby are
charged by the Grand Jury of the body of this county with conspiracy to
defraud, a crime punishable with the severest penalties of the law, and
alleged by the indictment to have been committed by them feloniously,
wilfully and maliciously. I need not portray to you the sad consequences
which have already resulted from this villany.
"We intend to prove that the prisoners at the bar did at the time and
place specified in the indictment, conspire together to destroy the last
will and testament of one Joseph Lee deceased, and to set up as his last
will and testament, a will prior to his last, and did thereby deprive
his dutiful daughter of her patrimony,--a daughter who had for years
administered to her sick father's necessities, smoothing by her
affectionate care his passage to the grave; and that they drove her from
the home of her childhood and youth on the very eve of her deceased
father's burial, rendering her houseless, and shelterless, but for the
protecting arm of her newly wedded companion.
"We intend to prove the sad consequences of this crime to the prisoners
themselves."
_Mr. Curtiss._ "Your Honor, I must object to this appeal to personal
sympathy, and personal prejudice."
_District Attorney._ "Your Honor, I beg not to be interrupted. I was
only stating what the prosecution intend to prove. I was specifying the
consequences of crime to the prisoners at the bar; but I forbear. The
bloated face, and blood-shot eyes of the one, and the ghastly pallor of
the other, speak far more than any words I could utter.
"Gentlemen of the Jury, I have no need to caution you against
participating in the popular indignation at this crime, or not to fear
the consequences of a faithful discharge of your whole duty. Your oath
requires you to decide the question of the guilt or innocence of the
prisoners according to law and evidence.
"The indictment charges them with Conspiracy. But, gentlemen, I will not
detain you farther, except to cite authorities respecting the nature of
this crime, the laws and penalties pertaining thereunto, and also to
remark on the confidence to be placed in the confession of a dying man,
which will soon be submitted to you."
He then proceeded to read from Roscoe on Criminal evidence, Chitty's
Criminal Law, Archbold, etc., etc. After which, he concluded by saying,
"This charge we expect to prove by the confession of Hugh Fuller on his
death bed, where we naturally expect the utmost sincerity, and where
there could be no motive for self-accusation, and a confession of that
which must forever tarnish the fair fame of the confessor,--no motive
falsely to criminate his fellow men. His testimony is entitled to the
highest consideration, supported as it will be by an array of
circumstantial evidence, amounting almost to a moral demonstration."
He then called George Wilson, Justice of the peace, who after being
sworn read the Affidavit, as he took it from the lips of the dying man.
AFFIDAVIT.
"COMMONWEALTH OF MASSACHUSETTS.
"County of ----ss. Hugh Fuller of Crawford, in said county, yeoman,
personally before me, and lying upon his death-bed, on oath
declared that he affixed his name as witness to the last will and
testament of the late Joseph Lee of said town and county, then
lying on his death-bed, on the twenty-third of October, one
thousand eight hundred and thirty-seven. And also at the same time
and place affixed his signature to a deed by the said Joseph Lee,
conveying property from him to widow Churchill.
"And the deponent farther declares, that the other witnesses of
these documents were Oscar Colby, and Edward Stone.
"The deponent also solemnly declares that the papers were then
delivered by said Joseph Lee to said Oscar Colby with instructions
that the first document should be retained by him, Oscar Colby,
until after the testator's decease, and that the second should be
immediately conveyed by said Colby to the aforesaid Widow
Churchill.
"The deponent still farther declares that the said Oscar Colby
enjoined upon him and Edward Stone, now deceased, profound secrecy
in respect to the first of these transactions; and that immediately
upon the death of the late Joseph Lee, the said Colby came to him
renewing the injunction with a proffer of money, as reward for so
doing; and that both he and Joseph Lee, son of the deceased Joseph
Lee, subsequently came to him to instruct him how to appear, and
what to say, if cited before the Probate Court; and at the same
time paid him certain sums of money in consideration of his
maintaining such secrecy.
"And the deponent also declares that his abetting of this crime
has ever since lain heavily upon his conscience, and has at times
harrowed his soul with the most dreadful remorse; and that he
cannot die in peace until he has made a frank, and full confession
of this sin, and implored forgiveness of God, and his fellow men;
more particularly of those whom he has thus injured.
"All this, the deponent declares to be true in the presence of that
God before whom he expects in a few moments to appear; and the same
was subscribed and sworn to on this fourth day of September, in the
year of our Lord one thousand eight hundred and forty-four.
HUGH FULLER.
"Before me, George Wilson, Justice of the peace.
_In the presence of_
Frank Lenox, }
Martha Fuller, } Witnesses.
Phebe Andrews, }
Benjamin Hardy, }
_Crawford, September 4th, 1844._"
In corroboration of this testimony, the following witnesses were called
and sworn:
Frank Lenox, Allen Mansfield, Lucy Lee Mansfield, Susan Burns, Jacob
Strong, who bore testimony similar to that given by them before the
Probate Court, and showing the oft declared intention of the late Joseph
Lee to revoke his first will, and to make a second.
They also testified that up to the time of the alleged crime, the
prisoners were comparative strangers, and that from that period, they
had been leagued together in the closest alliance; first in the house of
the late Joseph Lee immediately after his funeral, then in the execution
of the will, and subsequently in a voyage to Europe, from which they
lately returned together after an absence of some years; and finally
that they were together up to the time of their arrest.
To reveal the nature of their intercourse when together, Jacob Strong,
steward of the late Joseph Lee, testified, that on the evening after
the funeral of his master, his son Joseph, and Lawyer Colby were
together in the back parlor of his master's residence, where they called
for wines, brandy and cigars, and where they spent most of the night in
drunkenness.
And he farther testified that at sundry times during the succeeding
month, he had been often awaked at late hours of the night, by their
midnight carousals; and alarmed by their abuse of each other. And that
he had often interposed to separate and quiet them.
Here the prosecution closed the presentation of the case in behalf of
the government, reserving the right to introduce rebutting testimony.
It being past twelve o'clock, the court adjourned till two P. M.
_Two o'clock, P. M. Tuesday afternoon._ The Court met pursuant to
adjournment.
The defence opened. Mr. Curtiss arose. "May it please your Honor, and
you, Gentlemen of the Jury, I arise under no small embarrassment to
plead the cause of my clients in this important trial,--an embarrassment
which arises from the overwhelming tide of public indignation, which in
its mighty current, and irresistible force threatens to carry away every
barrier of public justice, and public safety.
"Upon the alleged confession of Hugh Fuller this tide deluged the
surrounding country, as when the dam of a great river is carried away,
and the pent up waters are let loose, bearing down all before them.
"We, Witnesses, Counsellors, and Jurors are in no small danger of being
carried away as float-wood whither the mighty torrent shall bear us.
"I cannot resist the conviction that the District Attorney, by his quick
sympathies, has so far participated in this popular feeling, that he has
not in this case sustained his deservedly high reputation for equity,
and impartiality. My great esteem for him as an advocate led me to
expect that he would devote to this exciting trial, his characteristic
calmness, and discrimination, that he would carefully weigh the
evidence, and avoid all appeals to passion or prejudice. Judge then of
my surprise that in the very beginning of his speech, he should appeal
to your sympathy in behalf of the daughter of the late Joseph Lee.
"Gentlemen of the Jury, you are here for the exercise, not of sympathy,
but of justice. And my astonishment was increased by his attempt to
awaken your prejudices against my clients, by reference to any
peculiarities in their personal appearance. What honest citizen; nay,
what one of you could be suddenly dragged from your bed at night, and
committed to prison on such a charge; be brought from your cell
handcuffed and strongly guarded, and here locked up in the felon's box
in the presence of so large and respectable an assembly of your fellow
citizens without some emotion blanching your countenance, or flushing it
with indignation.
"But my astonishment reached its highest pitch, when having waited hour
after hour in painful expectation of that circumstantial testimony,
which was to amount to "a moral demonstration" of my clients' guilt, and
waiving in apprehension of it my right to cross examine his witnesses, I
heard him acknowledge to the court that the evidence for the prosecution
was in, and the case was submitted to the defence.
"His citations from legal authors, and his exposition of the laws
pertaining to the crime for which my clients are arraigned meet my most
cordial approbation, and supersede the necessity of any additional
comments on the part of the defence. Of the three crimes charged in
these indictments, the two latter are subordinate to, and dependent on
the first. If there was no conspiracy, there surely could have been no
wilful perjury, no suborning of witnesses in pursuance of that
conspiracy.
"Setting aside the confession, what proof has been adduced to support
the charge of conspiracy? None that would justify any honest citizen in
cherishing a suspicion of his neighbor; none that would not blast the
fairest character as with the breath of calumny. Your verdict, if you
find my clients guilty, must depend almost entirely upon the credibility
of a deceased witness, upon the affidavit of Hugh Fuller.
"The authorities already submitted to you by my legal friend, teach you
that the testimony of a dying man should be received, if at all, with
great caution. At best it is _only hearsay evidence_, and this is almost
the only form of that species of testimony which is admissible at the
bar. Before you attach to it any importance, you are bound to know that
the witness at the date of the affidavit was in a sound mind, free from
intellectual aberrations, and from bias of judgment.
"Has the prosecution relieved your minds from all doubt on these points?
Nay, gentlemen. It has submitted no substantial proof of even the sanity
of that witness. I am now prepared to prove by testimony clear and
abundant that this affidavit contains nothing more than the
hallucination of an insane man. This being established, I shall submit
the case, after the argument of my associate, for your decision."
During the speech of Mr. Curtiss, the vast audience hung in breathless
silence upon his lips; and when he resumed his seat, it was very evident
that the tide of public feeling had begun to turn.
The prisoners, inspired with hope, rose from their seats, and stood
leaning over the pickets of their boxes. Such was the eagerness to catch
every word that the sheriff was obliged several times to rap with his
pole and call "_order!_ ORDER!!"
The witnesses for the defence were next called, and sworn, and examined.
First, Frank Lenox.
_Mr. Curtiss._ "What is your profession?"
"I am a physician."
"How long have you been in practice?"
"About thirteen years."
"Was Hugh Fuller your patient?"
"He was."
"What was his disease?"
"Typhoid fever."
"Have you been familiar with that fever in your practice?"
"I have had many cases every year."
"How have you commonly found the reason affected by this disease?"
"The mind is frequently subject to aberration, but more frequently in
the typhus, than in the typhoid fever."
"Had you any reason to think the mind of Mr. Fuller was thus affected by
his disease?"
"At times his language was strange, and his thoughts incoherent. But he
was more free from aberration than patients generally in that fever."
"How near the date of his alleged confession, do you remember to have
witnessed any such wanderings?"
"I think his mind was rather wandering on the previous morning."
_Mr. Burke._ "Had you given him medicine from which unnatural excitement
could result?"
"I had not."
Cross examination by Mr. Willard.
"Did you consider him of sound mind and memory on the night of his
confession?"
"I did."
"How did he appear after the confession?"
"Very much relieved.--calm and peaceful."
"Are you confident that his mental aberrations resulted from his
disease?"
"I considered them in a great measure the result of a troubled
conscience."
Mr. Curtiss sprang to his feet, and said, "May it please your Honor, I
must object to that question. It calls forth a reply not legitimate to
the profession of the witness. Cases of conscience belong to the
Clergy."
_Judge._ "The witness will proceed, confining himself to facts
pertaining to the case."
Mr. Marshall, the Attorney General, asked, "was there any particular
subject on which his mind seemed to be dwelling in what you supposed
mental aberrations?"
Mr. Burke arose under considerable excitement. "Your Honor, I must
protest against the introduction of testimony going to show the subject
of a crazy man's thoughts."
Mr. Marshall stood waiting to reply. "Your Honor will consider the
special importance of this testimony as showing the state of the
confessor's mind, and the subject which principally occupied his
thoughts."
After a prolonged discussion of the admissibility of this testimony by
the learned counsellors, the Judge decided the question in order, and
directed the witness to proceed.
"He often repeated the words, 'that's all I remember; they can't take me
up for that. And if they do, I'm not answerable; they that hired me will
have to bear the blame,' and so much more of the same general import
that I was led to suspect,"--
"Your Honor," exclaimed both the lawyers for the defence. The Junior
waived, however, in favor of the Senior. "I hope your Honor will remind
the witness that he is here not to relate _suspicions_, but facts."
_Judge._ "The witness may proceed and restrict himself to facts, or to
such professional opinions, as are material to the case. He is to give
his honest views frankly and fully."
"I was saying that I _suspected_, he was laboring under remorse of
conscience, and I urged him, if such were the fact, to seek relief by
confession."
_Mr. Willard._ "What was the date of this conversation?"
"At several different times. The one to which I particularly referred,
took place two days before his death."
Dr. Clapp, partner of Dr. Lenox, was called, whose testimony
corroborated that of the preceding witness.
Mrs. Martha Fuller was next called.
_Mr. Curtiss._ "What was your relation to Hugh Fuller?"
"His wife."
"Did you discover anything during your husband's sickness which led you
to think him insane?"
"I did."
"At what part of it more particularly?"
"The latter part."
"What did he say that led you to infer that he was crazy?"
"Sometimes he did not know me, called me by another name, talked wildly,
and was frequently wandering in his sleep."
"How near the time of this alleged confession did you notice any signs
of insanity?"
"On the night and day preceding his death."
Cross examination by Mr. Willard.
"Did you hear your husband's confession?"
"I did."
"Did you consider him crazy at that time?"
Hesitating. "I did not."
"What reasons had you for not considering him so?"
"He called us all by name, and talked rationally about other things, and
gave me directions about the children."
"Had he frequently talked with you in this way during his sickness?"
"He had not."
"But during his sickness, had there not been days, or longer seasons,
when he appeared rational?"
"There were."
"You have said he was often wild and wandering. Do you mean he was so
most of the time, or only now and then?"
"Only now and then."
"Had he ever appeared so before this sickness?"
Witness bursts into tears.
_Mr. Curtiss._ "Your Honor, I claim the protection of the Court in
behalf of this witness."
_Mr. Marshall._ "Your Honor, we have no disposition to impose upon the
witness, who certainly has our tenderest sympathy in these trying
circumstances. But the question of my worthy colleague was designed to
elicit from the witness, the fact whether or not her lamented husband
previous to his last sickness, had ever exhibited signs of insanity?"
_Mr. Burke._ "Your Honor, I object to the question as irrelevant."
_Judge._ "The question is pertinent and the witness will answer
according to her best recollections."
_Witness._ "I cannot say that he did."
_Mr. Willard._ "Did he ever appear depressed in spirits?"
"He did."
"Can you recollect what he used to say at such times?"
She weeps.
"Take your time, my good woman." The sheriff at a motion from Mr.
Willard brings her a chair. "Try to recollect what he said at such
times."
"He used to fear we should come to poverty and disgrace."
"Did he ever explain the ground of those fears?"
"He did not, when awake."
"What do you mean to imply by that?"
"He sometimes talked about it in his sleep; but I couldn't always make
out what he said."
"Did the drift of his conversation at such times correspond with that
when he was wild and wandering during his sickness?"
"I think it did."
The Court was then adjourned until nine o'clock the next morning.