XV

When silence was proclaimed to the crowded room, Greyhurst rose.

“I propose, your honor, to call two witnesses in rebuttal as to the

utterly worthless character of the witness on whose testimony the

defendant’s case principally rests.”

Thomas Andrews took the stand and was sworn—a fat, brown man, uneasy and

embarrassed. Greyhurst asked the usual formal questions, and then:

“Do you know Thomas Coffin?”

“I do; ever since we were boys.”

“Where did you know him?”

“At home in Tennessee, and in the lumber-camps, and here, too.”

“Do you know his character for truth and veracity in the community in

which he resides?”

“I do.”

“What is it?”

“Bad.”

“Would you believe him on his oath?”

“No, I wouldn’t.”

“Was Thomas Coffin ever charged with any crime?”

Trescot rose. “The question, as your honor well knows, is objectionable;

but, in rising to say so, I desire to state that I shall not urge any

objection.” He sat down.

Greyhurst repeated his question.

“Yes; he killed a man. He was arrested, but he got away from the

sheriff.”

Meanwhile, Trescot used the moments of this damaging statement to

exchange a few words with Coffin.

“That will do,” said Greyhurst.

“One moment,” said Trescot. “I wish to ask a question. Now, Mr. Andrews,

do you know why Coffin killed the man?”

He hesitated.

“Take your time; but remember that you are on your oath to tell the

truth.”

“Well, they said he shot Tom’s brother.”

“_Did_ he shoot Tom’s brother?”

“They said so—I wasn’t there.”

“Ah, was that so? Were you ever in the Confederate service?”

“I was.”

“How long?”

“About three months.”

“You were wounded, were you not?”

“Yes, in the leg; I was took prisoner. It was on the skirmish-line. It

was in a wood; we were too far out.”

The man began to be uneasy, anxious to explain.

“Were you not deserting?”

Greyhurst protested.

“I withdraw the question,” said Trescot, satisfied,—for the man’s face

answered it as he said: “Damn you! no, I wasn’t.”

“That will do,” said Trescot.

“And now,” said Greyhurst, “I must very reluctantly, as a matter of

simple duty, ask Mrs. Trescot to take the stand.”

There was a stir of fresh interest and expectant attention in the

crowded room. People spoke to their neighbors, and then there was entire

quiet as, in reply to the usual summons, Constance went smiling past her

husband. The room was hot and close, and she left her hat on the seat.

As she stood in the witness-box—erect, a little on guard, slightly

flushed—a faint murmur which spoke of admiration was heard throughout

the room.

She hesitated a little as she took the Bible and heard the usual formula

of the oath. Then she answered, “I do.”

“Your name is Mrs. Trescot?”

“Yes; Constance Trescot.”

“You live in St. Ann?”

“I do.”

“You were, I believe, on the sixth of June, at the cabin of Thomas

Coffin?”

“I was.”

“Why did you go there?”

“An errand of my own.”

“Tell the court what first passed on that occasion between you and

Coffin.”

“I asked for a drink of water. I said it was very good water.”

“Pardon me, madam; but we will omit these trifles. What else was said?”

“I told Mr. Coffin something, and he told me something, neither of which

I am at liberty to state.”

“I ask again, What passed between you on this occasion?”

“I decline to answer.”

“I insist that you tell the court and jury.”

“I will not. I cannot betray what, trusting my honor and good feeling,

Coffin said to me. The latter part of what passed I shall be glad to

relate.”

“But,” said Greyhurst, “you appear to forget that this is a court of

justice; you have taken an oath; you have no choice,—nor, indeed, have I

any.”

“I very much regret that I cannot answer,” she returned very quietly.

“I repeat my question.”

She was silent, facing the lawyer, tranquil, firm, faintly smiling at

his evident annoyance.

“I must most reluctantly ask your honor to direct the witness to

answer,” said Greyhurst.

The judge said: “I fear, Mrs. Trescot, that you must reply to the

question put by counsel.”

“With the utmost respect for the court, I decline to answer. I regret,

your honor, that it is impossible.”

The judge sat up, evidently troubled, as Greyhurst turned to him,

saying:

“The matter is in the hands of the court.”

Trescot watched the unmoved woman, himself a little anxious, but with

proud pleasure in the courage and quiet good-breeding she had shown.

Then, to the amazement of every one, a voice broke the silence, and

Coffin, seated near by, said:

“Don’t you mind me, Mrs. Trescot; just you tell; I don’t care.”

“Thank you.” Turning to Greyhurst, she said: “The real chivalry and the

good feeling of at least one man for a woman in an awkward situation set

me free. Your honor will, I trust, pardon me. I will now answer Mr.

Greyhurst.”

The judge bowed.

“Well,” said Greyhurst, flushing and ill pleased, “what passed between

you and Coffin?”

“To explain clearly what passed I must tell the entire story, and I hope

I may be allowed to do so.” She paused for a moment; Greyhurst moved

restlessly and seemed about to interfere, but dreading the effect of

objection at this time, remained silent as she went on:

“In the midst of a storm on the night of June 5th, while I had left our

porch for a wrap, a rifle-shot broke a pane of glass over my husband’s

head. The lightning was incessant, and he saw the man who fired. He ran

after him, and was so near that he saw him clearly, and also saw that he

was lame and ran with difficulty. Then my husband fell, and the man got

away; but he was sure it was Coffin. When my husband came back, he told

me all about it, and who the man was. I had heard the shot, of course.

“I was sure it would happen again. I could not sleep that night. I was

most unhappy. I did not tell my husband what I meant to do. I had to do

it. I went next day to see the man. I went alone. I said to him bluntly:

‘Why did you try to kill my husband?’ You see, Mr. Greyhurst, he was

cleaning his rifle, and I knew what that meant. He did not try to lie to

me, but replied: ‘Because Mr. Greyhurst told me your husband was going

to turn me out of my home—the whole of us, like dogs.’”

“It was a lie,” said Greyhurst.

Trescot was up instantly. “You are discourteous, sir. You asked for the

whole truth, and are getting it, and to spare.” He sat down; but as

Greyhurst turned with a sharp reply on his lips, Mrs. Trescot said

quietly: “I did not understand Mr. Greyhurst as asserting me to be

untruthful.”

“Certainly not,” he returned.

“Shall I go on?” she asked in her gentlest voice.

“Yes, if you please.”

“When Coffin said he had been told that he was to have no mercy and be

driven out at once, I told him that it was not true.”

“And was it not?” asked Greyhurst. “Can you say that?”

“I have said it was not. I told him nothing was settled. I then said

that I personally would make him an offer, either of land on the bend

back of the bluff, if we won the suit, or of money. I said my husband

never would consent to drive these poor people out of their homes. They

had been soldiers as he had been, and were to be helped, not robbed.”

“One moment,” said Greyhurst. “I think you said Mr. Trescot authorized

you to make this statement.”

It was a common and feeble device, which always fails with a good

witness.

“Keep cool,” said Averill to Trescot. “I told you he would lose his wits

with his case.”

“No,” replied Mrs. Trescot; “I did not say so.”

“Well, perhaps not.”

Again Averill laid a restraining touch on Trescot’s arm.

“At all events,” said Greyhurst, bitterly, “it should have been a man’s

errand. Pray, go on.”

“I meant to undeceive him. I did. I made clear to him that in any case

he should be paid to move. I asked him to take care of my garden. I pay

him for it. I desired to save my husband’s life. A cruel slander had put

it in peril. I made a friend of an enemy.”

“By George, that’s first-rate!” said a voice in the crowd. Silence was

ordered, and there was need of the order.

Turning to the jury, Greyhurst spoke again in a voice of ill-governed

anger: “A woman may be forgiven for the things this lady has said of me.

I shall look elsewhere for an explanation. I have for her no answer.

She, at least, is irresponsible. May I venture to ask, madam, if, as Mr.

Hood’s or Mr. Trescot’s envoy, you visited the cabin of Coffin at any

other time?”

“No; I did not.”

“But I had the pleasure to meet you.”

“That is true. I had been to see Wilson, one of the squatters.”

“Coffin’s brother-in-law.”

“Yes; I meant to say so—a dying man in need of luxuries, and even of

good food. My husband and I had helped him.”

“You seem to have cultivated the good-will of the family.”

“I have; I neglected to say that, without the least prompting on my

part, Coffin told me that he could give Mr. Trescot information in

regard to the blazed trees on the corners of Mr. Hood’s land.”

“You appear to have made good use of your opportunities, madam,” said

Greyhurst.

“I have; and I assure you I enjoyed it; and above all, when, as I was

leaving, Coffin said—”

She paused long enough for Greyhurst to say:

“You seem to hesitate, madam; we want the whole of this very remarkable

story.”

“Oh, with pleasure. Coffin assured me that he was, as he said, right

glad he hadn’t killed my husband, and was a good bit ashamed. That was

about the shooting. I understood him to mean that he was ashamed to have

missed him.” This was so wholly in character that court and audience

broke into laughter.

Greyhurst’s face flushed, the color deepening on his dark skin. Averill

sat watchful and uneasy. She had said too much.

“That is all, madam. Thank you,” said Greyhurst.

Trescot said simply: “I have a few questions to ask the witness. I

regret to be obliged to ask them, but the circumstances demand it.” The

bar and the audience were delighted.

Constance turned to him, much amused.

“Did your husband know of your intention to intervene between him and

Coffin?”

“No, he did not.”

“Did he express himself in regard to it when he heard of it?”

“Yes; he objected; he was just a little cross.”

The court smiled, and the crowd laughed.

“That is all,” said Trescot.

This closed the evidence. It now became the duty of the defendant to sum

up for the defense. The judge said:

“The evidence has been so brief that the court will sit out the case,

unless counsel are so lengthy as to forbid it.”

Trescot rose. “May it please your honor, and you, gentlemen of the jury,

I shall be brief.

“In putting before you in its fullness a connected statement of what you

have heard from the witnesses, it may be wise, and certainly is of

interest, to sketch for you the history of this suit.

“James Hood, my client’s father, bought in 1830 a tract of land which

lay within the vast grant held so long by the Baptiste family. Why he

bought it I do not know; it had very little value. The Baptistes

reserved several hundred feet from Mr. Hood’s western line on the bluff,

and, of course, the river-front, perhaps anticipating its future

usefulness. The years go on; no one disputes Mr. Hood’s title. Some

seven years ago comes the flood, and Mr. Hood finds he has lost land,

but has acquired a water-front. The riparian rights thus strangely won

soon become so very valuable that some one advises the unfortunate

people whose land has gone down to the Gulf—some one advises them, I

say, to see what can be made out of an unlucky situation. Many Western

decisions have made it clear beyond dispute that the man whose land the

great river took has no remedy at law, except, perhaps,—and your honor

will pardon the jest,—to sue the Gulf of Mexico as the receiver of

stolen goods. But really this claim of the plaintiffs has its humorous

aspects.

“Then this some one—I do not know who—may have suggested an inquiry into

the possibility of disproving my client’s title. It is not, as I go on,

a very pleasant history. The war had done its sad work—almost every

evidence of title was lost. The surveyor was long dead, and his people

scattered. Apparently no bounds could be proved. Thus encouraged, a suit

for ejectment is brought, and very soon the reason for it appears when

the plaintiffs seek for a compromise—a division of the water-front. This

case has gone on through the hands of three sets of counsel. If Mr. Hood

owns the land on the bluff he now owns the river-front. If he does not

he is practically a squatter, and should have that sympathy which the

learned counsel for the plaintiffs asks for those who are on land they

do not own.”

The court smiled, and there was much laughter.

“It is only too plain that belief in the presumed weakness of my

client’s claim suggested the suit to eject, in the hope that fear of

total loss would force my client to offer or accept a compromise.”

Greyhurst rose. “Does the learned counsel mean that I was concerned in

advising a suit with this sole purpose in view?”

“Oh, no,” said Trescot. “The case was not of your creation. I do not

know who devised that which was clearly what I prefer not to

characterize.”

“It is just as well that you should explain, and the explanation comes

none too soon,” said Greyhurst. “You may think your explanation

satisfactory. I do not.”

Trescot made no reply.

“As the case stands, you, gentlemen of the jury, have been led to think,

to believe, if that were possible, that it is we who are the plaintiffs,

we who complain; we, and not an act of nature, who are the oppressors.

“May I further tax your patience before returning to the essential

facts? So much has been said that is personal, both in and out of the

court, that I shall ask leave to say a few words not in immediate

relation to the case. I shall be brief.

“I came hither as the agent and legal adviser of Mr. Hood. I found

myself, a Northern soldier, in a community naturally aggrieved and

hostile. I have sought honestly to give no offense, and I have been able

to induce my client to deal most generously with his many debtors, and

to make kindly and even liberal provision for the squatters who, long

undisturbed, had come to believe they had a right to their holdings. No

single debtor of Mr. Hood’s will, before long, have the slightest cause

for complaint. Some attempt has been made to affect public sentiment by

word of mouth, as you have heard, and I regret to say in print also, and

this, too, while arrangements were being made to deal justly and even

generously. I cannot believe that such efforts have had any influence on

this jury. So fully do I—so fully did I trust the honor and justice of

the men I have learned to like in this city that, as you know, I made no

objection to any juryman. My learned friend was less easily pleased.”

As he paused, taking up a paper, Greyhurst rose.

“Do I understand your charges to allude in any way to me?”

“I do,” said Trescot; “and I refer the counsel to Coffin’s evidence as

to what you said to him.”

“The man who said so lies, and the man who now says so lies.”

The judge at once called Greyhurst to order, and he sat down, saying:

“Well, we shall see.”

Trescot went on, making no allusion to the insult. He stated, with

admirable clearness, the conclusions to be drawn from the evidence of

the survey and the plan of the river as it had been and as it had come

to be. With singular power of lucid statement he dealt with the

evidence, admitting the validity of the old French grant as an essential

to his own case. He emphasized the fact that no one had doubted his

client’s title until the erosion of the river-frontage made it valuable.

He wound up by an appeal for simple justice, and gathering his papers

together, sat down.

It was now so late that the judge asked Greyhurst how long a time he

would require. Upon his saying he could not tell, the court adjourned to

meet at ten the next day.

Greyhurst walked sullenly away from the group of older lawyers who

gathered with warm praise about Trescot. Mrs. Trescot having left to

attend to some household matters, Averill said to Trescot as they left

the court: “That fool called you a liar.”

“Yes, he said that I lied. I presume he meant Coffin also.”

“I think, Trescot, that you will have to ask him what he meant, or

invite him to withdraw his words.”

“No, I shall not, general.”

“But, my dear Trescot, your position is really untenable, or at least it

is so here. To accept a charge of lying and to do nothing! You would

lose caste—oh, utterly.”

“Then I must risk that. To ask him would mean an acceptance of added

insult or a duel. My own beliefs, and I may say the peace-making effect

of a rebel bullet, make a duel impossible.” He laughed as he added: “I

might hit a house with my left hand, but, my dear general, I come from a

community where a duel is as absurd as to you, I dare say, such a state

of feeling may be. I am much of George Washington’s opinion as concerns

the matter.”

“I know,” said Averill; “but he never lived in St. Ann. Do you go

armed?”

“I? No—of course not.”

“You had better.”

Trescot laughed. “My best weapon among people like yours is the fact,

well known to Greyhurst and many, that I do not carry arms, and am

crippled. Don’t worry, general; the man will quiet down, and I shall be

careful.”

“You do not know Greyhurst.”

He was touched by the old man’s kindness, and, having no malice toward

any one, went away elated with the certainty of success.

When, in the morning, Constance and he talked over the trial, she said:

“I do not want to hear or see that man again, George. When will it be

over?”

“Greyhurst must close. Then the judge will sum up; but how long the jury

may be out I do not know. I will send you word, as I may be detained.”

“You will not forget me?”

“Do I ever forget you, Constance?”

“Never; but I shall be so very uneasy.”

Constance Trescot · 第 18 / 31 题