Standing before Leon Gerome's tragic picture, and listening to the
sepulchral echo that floats down the arcade of centuries. "Ave,
Imperator, morituri te salutant," nineteenth century womanhood frowns,
and deplores the brutal depravity which alone explains the presence of
that white-veiled vestal band, whose snowy arms are thrust in signal
over the parapet of the bloody arena; yet fair daughters of the latest
civilization show unblushing flower faces among the heaving mass of the
"great unwashed" who crowd our court-rooms--and listen to revolting
details more repugnant to genuine modesty, than the mangled remains in
the Colosseum. The rosy thumbs of Roman vestals were potent ballots in
the Eternal City, and possibly were thrown only in the scale of mercy;
but having no voice in verdicts, to what conservative motive may be
ascribed the presence of women at criminal trials? Are the children of
Culture, the heiresses of "all the ages", really more refined than the
proud old dames of the era of Spartacus?
Is the spectacle of mere physical torture, in gladiatorial combats, or
in the bloody precincts of plaza de toros, as grossly demoralizing as
the loathsome minutiae of heinous crimes upon which legal orators
dilate; and which Argus reporters, with magnifying lenses at every eye,
reproduce for countless newspapers, that serve as wings for
transporting moral dynamite to hearthstones and nurseries all over our
land? Is there a distinction, without a difference, between police
gazettes and the journalistic press?
If extremes meet, and the march of human progress be along no asymtotic
line, is the day very distant when we shall welcome the Renaissance of
that wisdom which two thousand years ago held its august tribunal in
the solemn hours of night, when darkness hid from the Judges everything
save well-authenticated facts? The supreme aim of civil and criminal
law being the conservation of national and individual purity, to what
shall we attribute the paradox presented in its administration, whereby
its temples become lairs of libel, their moral atmosphere defiled by
the monstrous vivisection of parental character by children, the
slaughter of family reputation, the exhaustive analysis of every
species of sin forbidden by the Decalogue, and floods of vulgar
vituperation dreadful as the Apocalyptic vials? Can this generation
"--in the foremost files of time--"
afford to believe that a grim significance lurks in the desuetude of
typical judicial ermine?
Traditions of ante bellum custom proclaimed that "good society" in the
town of X--, formerly considered the precincts of courts as unfit for
ladies as the fetid air of morgues, or the surgical instruments on
dissecting tables; but the vanguard of cosmopolitan freedom and
progress had pitched tents in the old-fashioned place, and recruited
rapidly from the ranks of the invaded; hence it came to pass, that on
the second day of the murder trial, when the preliminaries of jury
empanelling had been completed, and all were ready to launch the case,
X--announced its social emancipation from ancient canons of decorum, by
the unwonted spectacle of benches crowded with "ladies", whose silken
garments were crushed against the coarser fabrics of proletariat.
Despite the piercing cold of a morning late in February, the mass of
human furnaces had raised the temperature to a degree that encouraged
the fluttering of fans, and necessitated the order that no additional
spectators should be admitted.
Viewed through the leaden haze of fearful anticipation, the horror of
the impending trial had seemed unendurable to the proud and sensitive
girl, whom the Sheriff placed on a seat fronting the sea of curious
faces, the battery of scrutinizing eyes turned on her from the
jury-box. Four months of dread had unnerved her, yet now when the cruel
actuality seized her in its iron grasp, that superb strength which the
inevitable lends to conscious innocence, so steeled and fortified her,
that she felt lifted to some lonely height, where numbness eased her
aching wounds.
Pallid and motionless, she sat like a statue, save for the slow strokes
of her right hand upon the red gold of her mother's ring; and the sound
of a man's voice reading a formula, seemed to echo from an immeasurable
distance. She had consented to, had deliberately accepted the worst
possible fate, and realized the isolation of her lot; but for one thing
she was not prepared, and its unexpectedness threatened to shiver her
calmness. Two women made their way toward her: Dyce and Sister Serena.
The former sat down in the rear of the prisoner, the latter stood for a
few seconds, and her thin delicate hand fell upon the girl's shoulder.
At sight of the sweet, placid countenance below the floating white
muslin veil, Beryl's lips quivered into a sad smile; and as they shook
hands she whispered:
"I believe even the gallows will not frighten you two from my side."
Sister Serena seated herself as close as possible, drew from her pocket
a gray woollen stocking, and began to knit. For an instant Beryl's eyes
closed, to shut in the sudden gush of grateful tears; when she opened
them, Mr. Churchill had risen:
"May it please the Court, Gentlemen of the Jury: If fidelity to duty
involved no sacrifice of personal feeling, should we make it the
touchstone of human character, value it as the most precious jewel in
the crown of human virtues? I were less than a man, immeasurably less
than a gentleman, were I capable of addressing you to-day, in obedience
to the behests of justice, and in fulfilment of the stern requirements
of my official position, without emotions of profound regret, that
implacable Duty, to whom I have sworn allegiance, forces me to hush the
pleading whispers of my pitying heart, to smother the tender instincts
of human sympathy, and to listen only to the solemn mandate of those
laws, which alone can secure to our race the enjoyment of life, liberty
and property. An extended professional career has hitherto furnished me
no parallel for the peculiarly painful exigencies of this occasion; and
an awful responsibility scourges me with scorpion lash to a most
unwelcome task. When man crosses swords with man on any arena, innate
pride nerves his arm and kindles enthusiasm, but alas, for the man! be
he worthy the name, who draws his blade and sees before him a young,
helpless, beautiful woman, disarmed. Were it not a bailable offence in
the court of honor, if his arm fell palsied? Each of you who has a
mother, a wife, a lily browed daughter, put yourself in my place, lend
me your sympathy; and at least applaud the loyalty that strangles all
individuality, and renders me bound thrall of official duty. Counsel
for the defence has been repeatedly offered, nay, pressed upon the
prisoner, but as often persistently rejected; hence the almost
paralyzing repugnance with which I approach my theme.
"The Grand Jury of the county, at its last sitting, returned to this
court a bill of indictment, charging the prisoner at the bar with the
wilful, deliberate and premeditated murder of Robert Luke Darrington,
by striking him with a brass andiron. To this indictment she has
pleaded 'Not Guilty,' and stands before her God and this community for
trial. Gentlemen of the jury, you represent this commonwealth, jealous
of the inviolability of its laws, and by virtue of your oaths, you are
solemnly pledged to decide upon her guilt or innocence, in strict
accordance with the evidence that may be laid before you. In fulfilling
this sacred duty, you will, I feel assured, be governed exclusively by
a stern regard to the demands of public justice. While it taxes our
reluctant credulity to believe that a crime so hideous could have been
committed by a woman's hand, could have been perpetrated without
provocation, within the borders of our peaceful community,
nevertheless, the evidence we shall adduce must inevitably force you to
the melancholy conclusion that the prisoner at the bar is guilty of the
offence, with which she stands charged. The indictment which you are
about to try, charges Beryl Brentano with the murder.
"In outlining the evidence which will be presented in support of this
indictment, I earnestly desire that you will give me your dispassionate
and undivided attention; and I call God to witness, that disclaiming
personal animosity and undue zeal for vengeance, I am sorrowfully
indicating as an officer of the law, a path of inquiry, that must lead
you to that goal where, before the altar of Truth, Justice swings her
divine scales, and bids Nemesis unsheathe her sword.
"On the afternoon of October the twenty-sixth, about three o'clock, a
stranger arrived in X--and inquired of the station agent what road
would carry her to 'Elm Bluff', the home of General Darrington;
assuring him she would return in time to take the north-bound train at
7.15, as urgent business necessitated her return. Demanding an
interview with Gen'l Darrington, she was admitted, incognito, and
proclaimed herself his granddaughter, sent hither by a sick mother, to
procure a certain sum of money required for specified purposes. That
the interview was stormy, was characterized by fierce invective on her
part, and by bitter denunciation and recrimination on his, is too well
established to admit of question; and they parted implacable foes, as
is attested by the fact that he drove her from his room through a rear
and unfrequented door, opening into a flower garden, whence she
wandered over the grounds until she found the gate. The vital import of
this interview lies in the great stress Gen'l Darrington placed upon
the statement he iterated and reiterated; that he had disinherited his
daughter, and drawn up a will bequeathing his entire estate to his
step-son Prince.
"Miss Brentano did not leave X--at 7.15, though she had ample time to
do so, after quitting 'Elm Bluff'. She loitered about the station house
until nearly half-past eight, then disappeared. At 10 P.M. she was seen
and identified by a person who had met her at 'Elm Bluff', crouching
behind a tree near the road that led to that ill-fated house, and when
questioned regarding her presence there, gave unsatisfactory answers.
At half-past two o'clock she was next seen hastening toward the station
office, along the line of the railroad, from the direction of the water
tank, which is situated nearly a mile north of town. Meanwhile an
unusually severe storm had been followed by a drenching rain, and the
stranger's garments were wet, when, after a confused and contradictory
account of her movements, she boarded the 3.05 train bound north.
"During that night, certainly after ten o'clock, Gen'l Darrington was
murdered. His vault was forced open, money was stolen, and most
significant of all, the WILL was abstracted. Criminal jurisprudence
holds that the absence of motive renders nugatory much weighty
testimony. In this melancholy cause, could a more powerful motive be
imagined than that which goaded the prisoner to dip her fair hands in
her grandfather's blood, in order to possess and destroy that will,
which stood as an everlasting barrier between her and the estate she
coveted?
"Crimes are referrible to two potent passions of the human soul;
malice, engendering thirst for revenge, and the insatiable lust of
money. If that old man had died a natural death, leaving the will he
had signed, his property would have belonged to the adopted son, to
whom he bequeathed it, and Mrs. Brentano and her daughter would have
remained paupers. Cut off by assassination, and with no record of his
last wishes in existence, the beloved son is bereft of his legacy, and
Beryl Brentano and her mother inherit the blood-bought riches they
covet. When arrested, gold coins and jewels identified as those
formerly deposited in Gen'l Darrington's vault, were found in
possession of the prisoner; and as if every emissary of fate were armed
with warrants for her detection, a handkerchief bearing her initials,
and saturated with the chloroform which she had administered to her
victim, was taken from the pillow, where his honored gray head rested,
when he slept his last sleep on earth. Further analysis would insult
your intelligence, and having very briefly laid before you the intended
line of testimony, I believe I have assigned a motive for this
monstrous crime, which must precipitate the vengeance of the law, in a
degree commensurate with its enormity. Time, opportunity, motive, when
in full accord, constitute a fatal triad, and the suspicious and
unexplainable conduct of the prisoner in various respects, furnishes,
in connection with other circumstances of this case, the strongest
presumptive evidence of her guilt. These circumstances, far beyond the
realm of human volition, smelted and shaped in the rolling mills of
destiny, form the tramway along which already the car of doom thunders;
and when they shall have been fully proved to you, by unassailable
testimony, no alternative remains but the verdict of guilty. Mournful
as is the duty, and awfully solemn the necessity that leaves the issue
of life and death in your hands, remember, gentlemen, Curran's immortal
words: 'A juror's oath is the adamantine chain that binds the integrity
of man to the throne of eternal justice'."
No trace of emotion was visible on the prisoner's face, except at the
harsh mention of her mother's name; when a shudder was perceptible, as
in one where dentist's steel pierces a sensitive nerve. In order to
avoid the hundreds of eyes that stabbed her like merciless probes, her
own had been raised and fixed upon a portion of the cornice in the room
where a family of spiders held busy camp; but a fascination song
resisted, finally drew their gaze down to a seat near the bar, and she
encountered the steady, sorrowful regard of Mr. Dunbar.
Two months had elapsed since the Christmas morning on which she had
rejected his floral offering, and during that weary season of waiting,
she had refused to see any visitors except Dyce and Sister Serena;
resolutely denying admittance to Miss Gordon. She knew that he had been
absent, had searched for some testimony in New York, and now meeting
his eyes, she saw a sudden change in their expression--a sparkle, a
smile of encouragement, a declaration of success. He fancied he
understood the shadow of dread that drifted over her face; and she
realized at that instant, that of all foes, she had most to apprehend
from the man who she knew loved her with an unreasoning and
ineradicable fervor. How much had he discovered? She could defy the
district solicitor, the judge, the jury; but only one method of
silencing the battery that was ambushed in those gleaming blue eyes
presented itself. To extinguish his jealousy, by removing the figment
of a rival, might rob him of the motive that explained his persistent
pursuit of the clue she had concealed; but it would simultaneously
demolish, also, the barrier that stretched between Miss Gordon's happy
heart and the bitter waves of a cruel disappointment. If assured that
her own affection was unpledged, would the bare form and ceremonial of
honor bind his allegiance to his betrothed? Absorbed in these
reflections, the prisoner became temporarily oblivious of the
proceedings; and it was not until Sister Serena touched her arm, that
she saw the vast throng was watching her, waiting for some reply. The
Judge repeated his question:
"Is it the desire of the prisoner to answer the presentation of the
prosecution? Having refused professional defence, you now have the
option of addressing the Court."
"Let the prosecution proceed."
There was no quiver in her voice, as cold, sweet and distinct it found
its way to the extremity of the wide apartment; yet therein lurked no
defiance. She resumed her seat, and her eyes sank, until the long black
fringes veiled their depths. Unperceived, Judge Dent had found a seat
behind her, and leaning forward he whispered:
"Will you permit me to speak for you?"
"Thank you--no."
"But it cuts me to the heart to see you so forsaken, so helpless."
"God is my helper; He will not forsake me."
The first witness called and sworn was Doctor Ledyard, the physician
who for many years had attended General Darrington; and who testified
that when summoned to examine the body of deceased, on the morning of
the inquest, he had found it so rigid that at least eight hours must
have elapsed since life became extinct. Had discovered no blood stains,
and only two contusions, one on the right temple, where a circular
black spot was conspicuous, and a bluish bruise over the region of the
heart. He had visited deceased on the morning of previous day, and he
then appeared much better, and almost relieved of rheumatism and pains
attributable to an old wound in the right knee. The skull had not been
fractured by the blow on the temple, but witness believed it had caused
death; and the andiron, which he identified as the one found on the
floor close to the deceased, was so unusually massive, he was positive
that if hurled with any force, it would produce a fatal result.
Mr. Churchill: "Did you at that examination detect any traces of
chloroform?"
"There was an odor of chloroform very perceptible when we lifted the
hair to examine the skull; and on searching the room, we found a vial
which had contained chloroform, and was beside the pillow, where a
portion had evidently leaked out."
"Could death have occurred in consequence of inhaling that chloroform?"
"If so, the deceased could never have risen, and would have been found
in his bed; moreover, the limbs were drawn up, and bent into a position
totally inconsistent with any theory of death produced by anaesthetics;
and the body was rigid as iron."
The foregoing testimony was confirmed by that of Doctor Cranmar, a
resident physician, who had been summoned by the Coroner to assist
Doctor Ledyard in the examination, reported formally at the inquest.
"Here, gentlemen of the jury, is the fatal weapon with which a woman's
hand, supernaturally nerved in the struggle for gain, struck down,
destroyed a venerable old man, an honored citizen, whose gray hairs
should have shielded him from the murderous assault of a mercenary
adventuress. Can she behold without a shudder, this tell-tale
instrument of her monstrous crime?"
High above his head, Mr. Churchill raised the old-fashioned andiron,
and involuntarily Beryl glanced at the quaint brass figure, cast in the
form of a unicorn, with a heavy ball surmounting the horn.
"Abednego Darrington!"
Sullen, crestfallen and woe-begone was the demeanor of the old negro,
who had been brought vi et armis by a constable, from the seclusion of
a corner of the "Bend Plantation", where he had secreted himself, to
avoid the shame of bearing testimony against his mistress' child. When
placed on the witness stand, he crossed his arms over his chest,
planted his right foot firmly in advance, and fixed his eyes on the
leather strings that tied his shoes.
After some unimportant preliminaries, the District Solicitor asked:
"When did you first see the prisoner, who now sits before you?"
"When she come to our house, the evening before ole Marster died."
"You admitted her to your Master's presence?"
"I never tuck no sech libberties. He tole me to let her in."
"You carried her to his room?"
"Yes, sir."
"About what time of the day was it?"
"Don't know."
"Gen'l Darrington always dined at three o'clock. Was it before or after
dinner?"
"After."
"How long was the prisoner in the General's room?"
"Don't know."
"Did she leave the house by the front door, or the side door?"
"Can't say. Didn't see her when she come out."
"About how long was she in the house?"
"I totes no watch, and I never had no luck guessing. I'm shore to land
wrong."
"Was it one hour or two?"
"Mebbe more, mebbe less."
"Where were you during that visit?"
"Feedin' my game pullets in the backyard."
"Did you hear any part of the conversation between the prisoner and
Gen'l Darrington?"
"No, sir! I'm above the meanness of eavesdrapping."
"How did you learn that she was the granddaughter of Gen'l Darrington?"
"Miss Angerline, the white 'oman what mends and sews, come to the back
piazer, and beckoned me to run there. She said ther must be a 'high ole
fracas', them was her words, agoin' on in Marster's room, for he was
cussin' and swearin', and his granddaughter was jawing back very
vicious. Sez I, 'Who'? Sez she, 'His granddaughter; that is Ellice's
chile'. Sez I, 'How do you know so much'? Sez she, 'I was darning them
liberry curtains, and I couldn't help hearing the wrangle'. Sez I, 'You
picked a oncommon handy time to tackle them curtains; they must be
mighty good to cure the ear-itch'. She axed me if I didn't see the
family favor in the 'oman's face; and I tole her no, but I would see
for myself. Sez she, to me, 'No yow won't, for the Gen'l is in a
tearing rage, and he's done drove her out, and kicked and slammed the
doors. She's gone.'"
"Then you did not see her?"
"I went to the front piazer, and I seen her far down the lawn, but
Marster rung his bell so savage, I had to run back to him."
"Did he tell you the prisoner was his granddaughter?"
"No, sir."
"Did you mention the fact to him?"
"I wouldn't 'a dared to meddle with his fambly bizness!"
"He appeared very angry and excited?"
"He 'peard to want some ole Conyyac what was in the sideboard, and I
brung the bottle to him."
"Do you remember whether his vault in the wall was open, when you
answered the bell?"
"I didn't notice it."
"Where did you sleep that night?"
"On a pallet in the middle passage, nigh the star steps."
"Was that your usual custom?"
"No, sir. But the boy what had been sleepin' in the house while ole
Marster was sick, had gone to set up with his daddy's corpse, and I
tuck his place."
"Did you hear any unusual noise during the night?"
"Only the squalling of the pea-fowul what was oncommon oneasy, and the
thunder that was ear-splitting. One clap was so tremenjous it raised me
plum off'en the pallet, and jarred me to my backbone, as if a cannon
had gone off close by."
"Now, Bedney, state carefully all the circumstances under which you
found your master the next morning; and remember you are on your oath,
to speak the truth, and all the truth."
"He was a early riser, and always wanted his shavin' water promp'. When
his bell didn't ring, I thought the storm had kep' him awake, and he
was having a mornin' nap, to make up for lost time. The clock had
struck eight, and the cook said as how the steak and chops was as dry
as a bone from waitin', and so I got the water and went to Marster's
door. It was shet tight, and I knocked easy. He never answered; so I
knocked louder; and thinkin' somethin' was shorely wrong, I opened the
door--"
"Go on. What did you find?"
"Mars Alfred, sir, it's very harryfyin to my feelins."
"Go on. You are required to state all you saw, all you know."
Bedney drew back his right foot, advanced his left. Took out his
handkerchief, wiped his face and refolded his arms.
"My Marster was layin' on the rug before the fireplace, and his knees
was all drawed up. His right arm, was stretched out, so--and his left
hand was all doubled up. I know'd he was dead, before I tetched him,
for his face was set; and pinched and blue. I reckon I hollered, but I
can't say, for the next thing I knowed, the horsler and the cook, and
Miss Angerline, and Dyce, my ole 'oman, and Gord knows who all, was
streamin' in and out and screamin'."
"What was the condition of the room?"
"The front window was up, and the blinds was flung wide open, and a
cheer was upside clown close to it. The red vases what stood on the
fire-place mantle was smashed on the carpet, and the handi'on was close
to Marster's right hand. The vault was open, and papers was strowed
plentiful round on the floor under it. Then the neighburs and the
Doctor, and the Crowner come runnin' in, and I sot down by the bed and
cried like a chile. Pretty soon they turned us all out and hilt the
inquess."
"You do not recollect any other circumstance?"
"The lamp on the table was burnin'--and ther' wan't much oil left in
it. I seen Miss Angerline blow it out, after the Doctor come."
"Who found the chloroform vial?"
"Don't know."
"Did you hear any name mentioned as that of the murderer?"
"Miss Angerline tole the Crowner, that ef the will was missin', Gen'l
Darrington's granddaughter had stole it. They two, with some other
gentleman, sarched the vault, and Miss Angerline said everything was
higgledy piggledy and no will there."
"You testified before the Coroner?"
"Yes, sir."
"Why did you not give him the handkerchief you found?"
"I didn't have it then."
"When and where did you get it? Be very careful now."
For the first time Bedney raised his eyes toward the place where Dyce
sat near the prisoner, and he hesitated. He took some tobacco from his
vest pocket, stowed it away in the hollow of his cheek, and re-crossed
his arms.
"When Marster was dressed, and they carried him out to the
drawing-room, Dyce was standin' cryin' by the fireplace, and I went to
the bed, and put my hand under the bolster, where Marster always kep'
his watch and his pistol. The watch was ther' but no pistol; and just
sorter stuffed under the pillow case--was, a hank'cher. I tuk the watch
straight to the gentlemen in the drawin'-room, and they come back and
sarched for the pistol, and we foun' it layin' in its case in the table
draw'. Of all the nights in his life, ole Marster had forgot to lay his
pistol handy."
"Never mind about the pistol. What became of the handkerchief?"
"When I picked it up, an injun-rubber stopper rolled out, and as ther'
wan't no value in a hank'cher, I saw no harm in keepin' it--for a'mento
of ole Marster's death."
"You knew it was a lady's handkerchief."
"No, sir! I didn't know it then; and what's more, I don't know it now."
"Is not this the identical handkerchief you found?"
"Cant say. 'Dentical is a ticklish trap for a pusson on oath. It do
look like it, to be shore; but two seed in a okrey pod is ezactly
alike, and one is one, and t'other is t'other."
"Look at it. To the best of your knowledge and belief it is the
identical handkerchief you found on Gen'l Darrington's pillow?"
"What I found had red specks sewed in the border, and this seems jest
like it; but I don't sware to no dentical--'cause I means to be
kereful; and I will stand to the aidge of my oath; but--Mars
Alfred--don't shove me over it."
"Can't you read?"
"No, sir; I never hankered after book-larnin' tomfoolery, and other
freedom frauds."
"You know your A B C's?"
"No more 'n a blind mule."
As the solicitor took from the table in front of the jury box, the
embroidered square of cambric, and held it up by two corners, every eye
in the court-room fastened upon it; and a deadly faintness seized the
prisoner, whitening lips that hitherto had kept their scarlet outlines.
"Gentlemen of the jury, if the murdered man could stand before you, for
one instant only, his frozen finger would point to the fatal letters
which destiny seems to have left as a bloody brand. Here in indelible
colors are wrought 'B. B.'!--Beryl Brentano. Do you wonder, gentlemen,
that when this overwhelming evidence of her guilt came into my
possession, compassion for a beautiful woman was strangled by supreme
horror, in the contemplation of the depravity of a female monster? If
these crimson letters were gaping wounds, could their bloody lips more
solemnly accuse yonder blanched, shuddering, conscience-stricken woman
of the sickening crime of murdering her aged, infirm grandfather, from
whose veins she drew the red tide that now curdles at her heart?"