THE TRIAL.
The day of the trial came. It was a bright spring day, and from an early
hour in the morning the village was crowded to overflowing with people
collected from all parts of the county. The court-room was filled to
suffocation. It was with the greatest difficulty that order could be
maintained when the prisoner, in the custody of the high sheriff, was
brought into court.
The venerable presiding judge was supposed to be unfriendly to the
accused, and the State's Attorney was known to be personally, as well as
officially, hostile to his interests. So strongly were the minds of the
people prejudiced upon one side or the other that it was with much
trouble that twelve men could be found who had not made up their
opinions as to the prisoner's innocence or guilt. At length, however, a
jury was empaneled, and the trial commenced. When the prisoner was
placed at the bar, and asked the usual question, "Guilty or not guilty?"
some of the old haughtiness curled the lip and flashed from the eye of
Thurston Willcoxen, as though he disdained to answer a charge so base;
and he replied in a low, scornful tone:
"Not guilty, your honor."
The opening charge of the State's Attorney had been carefully prepared.
Mr. Thomson had never in his life had so important a case upon his
hands, and he was resolved to make the most of it. His speech was well
reasoned, logical, eloquent. To destroy in the minds of the jury every
favorable impression left by the late blameless and beneficent life of
Mr. Willcoxen, he did not fail to adduce, from olden history, and from
later times, every signal instance of depravity, cloaked with hypocrisy,
in high places; he enlarged upon wolves in sheeps' clothing--Satan in an
angel's garb, and dolefully pointed out how many times the indignant
question of--"Is thy servant a dog, that he should do this thing?"--had
been answered by results in the affirmative. He raked up David's sin
from the ashes of ages. Where was the scene of that crime, and who was
its perpetrator--in the court of Israel, by the King of Israel--a man
after God's own heart. Could the gentlemen of the jury be surprised at
the appalling discovery so recently made, as if great crimes in high
places were impossible or new things under the sun? He did not fail to
draw a touching picture of the victim, the beautiful, young
stranger-girl, whom they all remembered and loved--who had come, an
angel of mercy, on a mission of mercy, to their shores. Was not her
beauty, her genius, her goodness--by which all there had at some time
been blessed--sufficient to save her from the knife of the assassin? No!
as he should shortly prove. Yet all these years her innocent blood had
cried to Heaven in vain; her fate was unavenged, her _manes_ unappeased.
All the women, and all the simple-hearted and unworldly among the men,
were melted into tears, very unpropitious to the fate of Thurston; tears
not called up by the eloquence of the prosecuting attorney, so much as
by the mere allusion to the fate of Marian, once so beloved, and still
so fresh in the memories of all.
Thurston heard all this--not in the second-hand style with which I have
summed it up--but in the first vital freshness, when it was spoken with
a logic, force, and fire that carried conviction to many a mind.
Thurston looked upon the judge--his face was stern and grave. He looked
upon the jury--they were all strangers, from distant parts of the
county, drawn by idle curiosity to the scene of trial, and arriving
quite unprejudiced. They were not his "peers," but, on the contrary,
twelve as stolid-looking brothers as ever decided the fate of a
gentleman and scholar. Thence he cast his eyes over the crowd in the
court-room.
There were his parishioners! hoary patriarchs and gray-haired matrons,
stately men and lovely women, who, from week to week, for many years,
had still hung delighted on his discourses, as though his lips had been
touched with fire, and all his words inspired! There they were around
him again! But oh! how different the relations and the circumstances!
There they sat, with stern brows and averted faces, or downcast eyes,
and "lips that scarce their scorn forbore." No eye or lip among them
responded kindly to his searching gaze, and Thurston turned his face
away again; for an instant his soul sunk under the pall of despair that
fell darkening upon it. It was not conviction in the court he thought
of--he would probably be acquitted by the court--but what should acquit
him in public opinion? The evidence that might not be strong enough to
doom him to death would still be sufficient to destroy forever his
position and his usefulness. No eye, thenceforth, would meet his own in
friendly confidence. No hand grasp his in brotherly fellowship.
The State's Attorney was still proceeding with his speech. He was now
stating the case, which he promised to prove by competent witnesses--how
the prisoner at the bar had long pursued his beautiful but hapless
victim--how he had been united to her by a private marriage--that he had
corresponded with her from Europe--that upon his return they had
frequently met--that the prisoner, with the treachery that would soon be
proved to be a part of his nature, had grown weary of his wife, and
transferred his attentions to another and more fortune-favored lady--and
finally, that upon the evening of the murder he had decoyed the unhappy
young lady to the fatal spot, and then and there effected his purpose.
The prosecuting attorney made this statement, not with the brevity with
which it is here reported, but with a minuteness of detail and warmth of
coloring that harrowed up the hearts of all who heard it. He finished by
saying that he should call the witnesses in the order of time
corresponding with the facts they came to prove.
"Oliver Murray will take the stand."
This, the first witness called, after the usual oath, deposed that he
had first seen the prisoner and the deceased together in the Library of
Congress; had overheard their conversation, and suspecting some
unfairness on the part of the prisoner, had followed the parties to the
navy yard, where he had witnessed their marriage ceremony.
"When was the next occasion upon which you saw the prisoner?"
"On the night of the 8th of April, 182-, on the coast, near Pine Bluff.
I had landed from a boat, and was going inland when I passed him. I did
not see his face distinctly, but recognized him by his size and form,
and peculiar air and gait. He was hurrying away, with every mark of
terror and agitation."
This portion of Mr. Murray's testimony was so new to all as to excite
the greatest degree of surprise, and in no bosom did it arouse more
astonishment than in that of Thurston. The witness was strictly
cross-questioned by the counsel for the prisoner, but the
cross-examination failed to weaken his testimony, or to elicit anything
more favorable to the accused. Oliver Murray was then directed to stand
aside.
The next witness was Miriam Shields. Deeply veiled and half fainting,
the poor girl was led in between Colonel and Miss Thornton, and allowed
to sit while giving evidence. When told to look at the prisoner at the
bar, she raised her death-like face, and a deep, gasping sob broke from
her bosom. But Thurston fixed his eyes kindly and encouragingly upon
her--his look said plainly: "Fear nothing, dear Miriam! Be courageous!
Do your stern duty, and trust in God."
Miriam then identified the prisoner as the man she had twice seen alone
with Marian at night. She further testified that upon the night of April
8th, 182-, Marian had left home late in the evening to keep an
appointment--from which she had never returned. That in the pocket of
the dress she had laid off was found the note appointing the meeting
upon the beach for the night in question. Here the note was produced.
Miriam identified the handwriting as that of Mr. Willcoxen.
Paul Douglass was next called to the stand, and required to give his
testimony in regard to the handwriting. Paul looked at the piece of
paper that was placed before him, and he was sorely tempted. How could
he swear to the handwriting unless he had actually seen the hand write
it? he asked himself. He looked at his brother. But Thurston saw the
struggle in his mind, and his countenance was stern and high, and his
look authoritative, and commanding--it said: "Paul! do not dare to
deceive yourself. You know the handwriting. Speak the truth if it kill
me." And Paul did so.
The next witness that took the stand was Dr. Brightwell--the good old
physician gave his evidence very reluctantly--it went to prove the fact
of the prisoner's absence from the deathbed of his grandfather upon the
night of the reputed murder, and his distracted appearance when
returning late in the morning.
"Why do you say reputed murder?"
"Because, sir, I never consider the fact of a murder established, until
the body of the victim has been found."
"You may stand down."
Dr. Solomon Weismann was next called to the stand, and corroborated the
testimony of the last witness.
Several other witnesses were then called in succession, whose testimony
being only corroborative, was not very important. And the prisoner was
remanded, and the court adjourned until ten o'clock the next morning.
"Life will be saved, but position and usefulness in this neighborhood
gone forever, Paul," said Thurston, as they went out.
"Evidence very strong--very conclusive to our minds, yet not sufficient
to convict him," said one gentleman to another.
"I am of honest Dr. Brightwell's opinion--that the establishment of a
murder needs as a starting point the finding of the body; and, moreover,
that the conviction of a murderer requires an eye-witness to the deed.
The evidence, so far as we have heard it, is strong enough to ruin the
man, but not strong enough to hang him," said a third.
"Ay! but we have not heard all, or the most important part of the
testimony. The State's Attorney has not fired his great gun yet," said a
fourth, as the crowd elbowed, pushed, and struggled out of the
court-room.
Those from distant parts of the county remained in the village all
night--those nearer returned home to come back in the morning.
The second day of the trial, the village was more crowded than before.
At ten o'clock the court opened, the prisoner was shortly afterward
brought in, and the prosecution renewed its examination of witnesses.
The next witness that took the stand was a most important one. John
Miles, captain of the schooner _Plover_. He deposed that in the month of
April, 182-, he was mate in the schooner _Blanch_, of which his father
was the captain. That in said month the prisoner at the bar had hired
his father's vessel to carry off a lady whom the prisoner declared to be
his own wife; that they were to take her to the Bermudas. That to effect
their object, his father and himself had landed near Pine Bluff; the
night was dark, yet he soon discerned the lady walking alone upon the
beach. They were bound to wait for the arrival of the prisoner, and a
signal from him before approaching the lady. They waited some time,
watching from their cover the lady as she paced impatiently up and down
the sands. At length they saw the prisoner approaching. He was closely
wrapped up in his cloak, and his hat was pulled over his eyes, but they
recognized him well by his air and gait. They drew nearer still, keeping
in the shadow, waiting for the signal. The lady and the prisoner met--a
few words passed between them--of which he, the deponent, only heard
"Thurston?" "Yes, Thurston!" and then the prisoner raised his arm and
struck, and the lady fell. His father was a cautious man, and when he
saw the prisoner rush up the cliff and disappear, when he saw that the
lady was dead, and that the storm was beginning to rage violently and
the tide was coming in, and fearing, besides, that he should get into
trouble, he hurried into the boat and put off and boarded the schooner,
and as soon as possible set sail for Bermuda. They had kept away from
this coast for years, that is to say, as long as the father lived.
John Miles was cross-examined by Mr. Romford, but without effect.
This testimony bore fatally upon the prisoner's cause--the silence of
consternation reigned through the crowd.
Thurston Willcoxen, when he heard this astounding evidence, first
thought that the witness was perjured, but when he looked closely upon
his open, honest face, and fearless eye and free bearing, he saw that no
consciousness of falsehood was there and he could but grant that the
witness, naturally deceived by "foregone conclusions," had inevitably
mistaken the real murderer for himself.
Darker and darker lowered the pall of fate over him--the awful stillness
of the court was oppressive, was suffocating; a deathly faintness came
upon him, for now, for the first time, he fully realized the awful doom
that threatened him. Not long his nature bowed under the burden--his
spirit rose to throw it off, and once more the fine head was proudly
raised, nor did it once sink again. The last witness for the prosecution
was called and took the stand, and deposed that he lived ten miles down
the coast in an isolated, obscure place; that on the first of May, 182-,
the body of a woman had been found at low tide upon the beach, that it
had the appearance of having been very long in the water--the clothing
was respectable, the dress was dark blue stuff, but was faded in
spots--there was a ring on the finger, but the hand was so swollen that
it could not be got off. His poor neighbors of the coast assembled. They
made an effort to get the coroner, but he could not be found. And the
state of the body demanded immediate burial. When cross-questioned by
Lawyer Romford, the witness said that they had not then heard of any
missing or murdered lady, but had believed the body to be that of a
shipwrecked passenger, until they heard of Miss Mayfield's fate.
Miriam was next recalled. She came in as before, supported between
Colonel and Miss Thornton. Every one who saw the poor girl, said that
she was dying. When examined, she deposed that Marian, when she left
home, had worn a blue merino dress--and, yes, she always wore a little
locket ring on her finger. Drooping and fainting as she was, Miriam was
allowed to leave the court-room. This closed the evidence of the
prosecution.
The defense was taken up and conducted with a great deal of skill. Mr.
Romford enlarged upon the noble character his client had ever maintained
from childhood to the present time--they all knew him--he had been born
and had ever lived among them--what man or woman of them all would have
dared to suspect him of such a crime? He spoke warmly of his truth,
fidelity, Christian zeal, benevolence, philanthropy and great public
benefits.
I have no space nor time to give a fair idea of the logic and eloquence
with which Mr. Romford met the charges of the State's Attorney, nor the
astute skill with which he tried to break down the force of the evidence
for the prosecution. Then he called the witnesses for the defense. They
were all warm friends of Mr. Willcoxen, all had known him from boyhood,
none would believe that under any possible circumstances he could commit
the crime for which he stood indicted. They testified to his well-known
kindness, gentleness and benevolence--his habitual forbearance and
command of temper, even under the most exasperating provocations--they
swore to his generosity, fidelity and truthfulness in all the relations
of life. In a word, they did the very best they could to save his life
and honor--but the most they could do was very little before the force
of such evidence as stood arrayed against him. And all men saw that
unless an _alibi_ could be proved, Thurston Willcoxen was lost! Oh! for
that _alibi_. Paul Douglass was again undergoing an awful temptation.
Why, he asked himself, why should he not perjure his soul, and lose it,
too, to save his brother's life and honor from fatal wrong? And if there
had not been in Paul's heart a love of truth greater than his fear of
hell, his affection for Thurston would have triumphed, he would have
perjured himself.
The defense here closed. The State's Attorney did not even deem it
necessary to speak again, and the judge proceeded to charge the jury.
They must not, he said, be blinded by the social position, clerical
character, youth, talents, accomplishments or celebrity of the
prisoner--with however dazzling a halo these might surround him. They
must deliberate coolly upon the evidence that had been laid before them,
and after due consideration of the case, if there was a doubt upon their
minds, they were to let the prisoner have the full benefit of
it--wherever there was the least uncertainty it was right to lean to the
side of mercy.
The case was then given to the jury. The jury did not leave their box,
but counseled together in a low voice for half an hour, during which a
death-like silence, a suffocating atmosphere filled the court-room.
Thurston alone was calm, his soul had collected all its force to meet
the shock of whatever fate might come--honor or dishonor, life or death!
Presently the foreman of the jury arose, followed by the others.
Every heart stood still.
"Gentlemen of the jury, have you agreed upon your verdict?" demanded the
judge.
"Yes, your honor," responded the foreman, on the part of his colleagues.
"How say you--is the prisoner at the bar 'Guilty or not guilty?'"
"Not guilty!" cried the shrill tones of a girl near the outer door,
toward which all eyes, in astonishment and inquiry, were now turned, to
see a slight female figure, in the garb of a Sister of Mercy, clinging
to the arm of Cloudesley Mornington, and who was now pushing and
elbowing his way through the crowd toward the bench.
All gave way--many that were seated arose to their feet, and spoke in
eager whispers, or looked over each others' heads.
"Order! silence in the court!" shouted the marshal.
"Your honor--this lady is a vitally important witness for the defense,"
said Cloudy, pushing his way into the presence of the judge, leaving his
female companion standing before the bench and then hurrying to the
dock, where he grasped the hand of the prisoner, exclaiming,
breathlessly: "Saved--Thurston! Saved!"
"Order! silence!" called out the marshal, by way of making himself
agreeable--for there was silence in the court, where all the audience at
least were more anxious to hear than to speak.
"Your honor, I move that the new witness be heard," said Mr. Romford.
"The defense is closed--the charge given to the jury, who have decided
upon their verdict," answered the State's Attorney.
"The verdict has not been rendered, the jury have the privilege of
hearing this new witness," said the judge.
The jury were unanimous in the resolution to withhold their verdict
until they had heard.
This being decided, the Sister of Mercy took the stand, threw aside her
long, black veil, and revealed the features of Jacquelina; but so pale,
weary, anxious and terrified, as to be scarcely recognizable.
The usual oath was administered.
And while Cloudy stood triumphantly by the side of Mr. Willcoxen,
Jacquelina prepared to give her evidence.
She was interrupted by a slight disturbance near the door, and the
rather noisy entrance of several persons, whom the crowd, on beholding,
recognized as Commodore Waugh, his wife, his niece, and his servant.
Some among them seemed to insist upon being brought directly into the
presence of the judge and jury--but the officer near the door pointed
out to them the witness on the stand, waiting to give testimony; and on
seeing her they subsided into quietness, and suffered themselves to be
set aside for a while.
When this was over--a lady, plainly dressed, and close-veiled, entered,
and addressed a few words to the same janitor. But the latter replied as
he had to the others, by pointing to the witness on the stand. The
veiled lady seemed to acquiesce, and sat down where the officer directed
her.
"Order! silence in the court!" cried the marshal, not to be behindhand.
And order and silence reigned when the Sister gave in her evidence as
follows:
"My name is Jacquelina L'Oiseau--not Grimshaw--for I never was the wife
of Dr. Grimshaw. I do not like to speak further of myself, yet it is
necessary, to make my testimony clear. While yet a child I was
contracted to Dr. Grimshaw in a civil marriage, which was never
ratified. I was full of mischief in these days, and my greatest pleasure
was to torment and provoke my would-be bridegroom; alas! alas! it was to
that wanton spirit that all the disaster is owing. Thurston Willcoxen
and Marian Mayfield were my intimate friends. On the morning of the 8th
of April, 182-, they were both at Luckenough. Thurston left early. After
he was gone Marian chanced to drop a note, which I picked up and read.
It was in the handwriting of Thurston Willcoxen, and it appointed a
meeting with Marian upon the beach, near Pine Bluff, for that evening."
Here Mr. Romford placed in her hands the scrap of paper that had already
formed such an important part of the evidence against the prisoner.
"Is that the note of which you speak?"
"Yes--that is the note. And when I picked it up the wanton spirit of
mischief inspired me with the wish to use it for the torment of Dr.
Grimshaw, who was easily provoked to jealously! Oh! I never thought it
would end so fatally! I affected to lose the note, and left it in his
way. I saw him pick it up and read it. I felt sure he thought--as I
intended he should think--it was for me. There were other circumstances
also to lead him to the same conclusion. He dropped the note where he
had picked it up and pretended not to have seen it; afterwards I in the
same way restored it to Marian. To carry on my fatal jest, I went home
in the carriage with Marian, to Old Field Cottage, which stands near the
coast. I left Marian there and set out to return to Luckenough--laughing
all the time, alas! to think that Dr. Grimshaw had gone to the coast to
intercept what he supposed to be my meeting with Thurston! Oh, God, I
never thought such jests could be so dangerous! Alas! alas! he met
Marian Mayfield in the dark, and between the storm without and the storm
within--the blindness of night and the blindness of rage--he stabbed her
before he found out his mistake, and he rushed home with her innocent
blood on his hands and clothing--rushed home and into my presence, to
reproach me as the cause of his crime, to fill my bosom with undying
remorse, and then to die! He had in the crisis of his passion, ruptured
an artery and fell--so that the blood found upon his hands and clothing
was supposed to be his own. No one knew the secret of his blood
guiltiness but myself. In my illness and delirium that followed I
believe I dropped some words that made my aunt, Mrs. Waugh, and Mr.
Cloudesley Mornington, suspect something; but I never betrayed my
knowledge of the dead man's unintentional crime, and would not do so
now, but to save the innocent. May I now sit down?"
No! the State's Attorney wanted to take her in hand, and cross-examine
her, which he began to do severely, unsparingly. But as she had told the
exact truth, though not in the clearest style, the more the lawyer
sifted her testimony, the clearer and more evident its truthfulness and
point became; until there seemed at length nothing to do but acquit the
prisoner. But courts of law are proverbially fussy, and now the State's
Attorney was doing his best to invalidate the testimony of the last
witness.
Turn we from them to the veiled lady, where she sat in her obscure
corner of the room, hearing all this.
Oh! who can conceive, far less portray the joy, the unspeakable joy that
filled her heart nearly to breaking! He was guiltless! Thurston, her
beloved, was guiltless in intention, as he was in deed! the thought of
crime had not been near his heart! his long remorse had been occasioned
by what he had unintentionally made her suffer. He was all that he had
lately appeared to the world! all that he had at first appeared to
her!--faithful, truthful, constant, noble, generous--her heart was
vindicated! her love was not the madness, the folly, the weakness that
her intellectual nature had often stamped it to be! Her love was
vindicated, for he deserved it all! Oh! joy unspeakable--oh! joy
insupportable!
She was a strong, calm, self-governing woman--not wont to be overcome by
any event or any emotion--yet now her head, her whole form, drooped
forward, and she sank upon the low balustrade in front of her
seat--weighed down by excess of happiness--happiness so absorbing that
for a time she forgot everything else; but soon she remembered that her
presence was required near the bench, to put a stop to the debate
between the lawyers, and she strove to quell the tumultuous excitement
of her feelings, and to recover self-command before going among them.
In the meantime, near the bench, the counsel for the prisoner had
succeeded in establishing the validity of the challenged testimony, and
the case was once more about to be recommitted to the jury, when the
lady, who had been quietly making her way through the crowd toward the
bench, stood immediately in front of the judge, raised her veil, and
Marian Mayfield stood revealed.
With a loud cry the prisoner sprang upon his feet; but was immediately
captured by two officers, who fancied he was about to escape.
Marian did not speak one word, she could not do so, nor was it
necessary--there she stood alive among them--they all knew her--the
judge, the officers, the lawyers, the audience--there she stood alive
among them--it was enough!
The audience arose in a mass, and "Marian!" "Marian Mayfield!" was the
general exclamation, as all pressed toward the newcomer.
Jacquelina, stunned with the too sudden joy, swooned in the arms of
Cloudy, who, between surprise and delight, had nearly lost his own
senses.
The people pressed around Marian, with exclamations and inquiries.
The marshal forgot to be disorderly with vociferations of "Order!" and
stood among the rest, agape for news.
Marian recovered her voice and spoke:
"I am not here to give any information; what explanation I have to make
is due first of all to Mr. Willcoxen, who has the right to claim it of
me when he pleases," and turning around she moved toward the dock,
raising her eyes to Thurston's face, and offering her hand.
How he met that look--how he clasped that hand--need not be said--their
hearts were too full for speech.
The tumult in the court-room was at length subdued by the rising of the
judge to make a speech--a very brief one:
"Mr. Willcoxen is discharged, and the court adjourned," and then the
judge came down from his seat, and the officers cried, "make way for the
court to pass." And the way was made. The judge came up to the group,
and shook hands first with Mr. Willcoxen, whom he earnestly
congratulated, and then with Marian, who was an old and esteemed
acquaintance, and so bowing gravely, he passed out.
Still the crowd pressed on, and among them came Commodore Waugh and his
family, for whom way was immediately made.
Mrs. Waugh wept and smiled, and exclaimed: "Oh! Hebe! Oh! Lapwing!"
The commodore growled out certain inarticulate anathemas, which he
intended should be taken as congratulations, since the people seemed to
expect it of him.
And Mary L'Oiseau pulled down her mouth, cast up her eyes and crossed
herself when she saw the consecrated hand of Sister Theresa clasped in
that of Cloudy!
But Thurston's high spirit could not brook this scene an instant longer.
And love as well as pride required its speedy close. Marian was resting
on his arm--he felt the clasp of her dear hand--he saw her living
face--the angel brow--the clear eyes--the rich auburn tresses, rippling
around the blooming cheek--he heard her dulcet tones--yet--it seemed
too like a dream!--he needed to realize this happiness.
"Friends," he said, "I thank you for the interest you show in us. For
those whose faith in me remained unshaken in my darkest hour, I find no
words good enough to express what I shall ever feel. But you must all
know how exhausting this day has been, and how needful repose is"--his
eyes here fell fondly and proudly upon Marian--"to this lady on my arm.
After to-morrow we shall be happy to see any of our friends at
Dell-Delight." And bowing slightly from right to left, he led his Marian
through the opening crowd.