THE TRIAL OF MOLL HAWK
The trial of Moll Hawk was a brief one. "Judge" Billings, as foreman
of the jury, asked permission of the Court to make a few remarks
before the taking of testimony began.
"Your honour, this here jury got together last night and sort of
talked things over while Mr. Benbridge and other patriotic citizens
of Lafayette were engaged in organizing a number of noble and
brave-hearted gentlemen into a company of soldiers to give battle
to the bloodthirsty red man who is about to swoop down upon us,
with tommyhawk and knife and rifle, to ravage our lands and pillage
our women--er--I mean pillage our lands and--er--so forth. As I was
saying, your honour, we talked it over and seeing as how we have
all enlisted in Mr. Benbridge's troop and he sort of thought we'd
better begin drilling as soon as possible, and also seeing as
how this here trial is attractin' a good deal of attention at a
time when we ought to be thinkin' of the safety of our wives and
children,--if we have any,--we came to the conclusion to address
you, sir, with all respect, and suggest that you instruct the
counsel on both sides to be as lenient as possible with the jury.
"This here innocent girl's father broke out of jail and got away.
As far as this here jury knows he ain't likely ever to come back,
so, for the time being at least, there don't seem to be anybody we
can hang for the crime with which the prisoner at the bar is charged.
This jury was picked with a great deal of care by the sheriff and
is, I am reliably informed, entirely satisfactory to both sides of
the case.
"In view of the fact that Black Hawk's warriors are reported to
have been seen within twenty miles of our beautiful little city, and
also in view of the additional fact that Mrs. Rachel Gwyn, one of
our foremost citizens and taxpayers, has recently informed me,--and
your honour also, I believe, in my presence,--that she intends to
give this poor girl a home as soon as she is lawfully discharged by
the jury as not guilty, we, the jury, implore your honour to keep
an eye on the clock. As we understand the case, there were only
two witnesses to the killing of the villain against whom this young
woman fought so desperately in self-defence. One of 'em is here in
this courtroom. The other is dead and buried. It is now ten minutes
past nine. We, the jury, would like for you to inform the counsel
on both sides that at precisely ten o'clock we are going to render
a verdict, because at a quarter-past ten the majority of us have
to attend a company drill. The lawyer for the prisoner enlisted
last night as a private in our company, and so did the prosecuting
attorney."
"This is a most unusual and unprecedented action on the part of a
jury," said the Court gravely. "However, in view of the extraordinary
circumstances, I feel that we should be as expeditious as possible
in disposing of the case on trial. Gentlemen, you have heard the
remarks of the foreman of the jury. Have either of you any reason
for objecting to the suggestion he has made? Very well, then; we
will proceed with the trial of Mary Hawk, charged with murder in
the first degree. Call your first witness, Mr. Prosecutor."
The little courtroom was jammed to its capacity. Hundreds, unable to
gain admission, crowded about the entrance and filled the square.
The town was in the throes of a vast excitement, what with the
trial, the Indian uprising in the north, the escape of Martin Hawk
and the flight of Barry Lapelle, hitherto regarded as a rake but
not even suspected of actual dishonesty. The Paul Revere, with
Captain Redberry in charge, had got away at daybreak, loaded to
the rails with foot-loose individuals who suddenly had decided to
try their fortunes elsewhere rather than remain in a district likely
to be overrun by savages.
Moll Hawk sat in front of the judge's table and at her side was
Kenneth Gwynne. Mrs. Gwyn and Viola occupied seats on a bench near
one of the windows, facing the jury. The prisoner was frightened.
She was stiff and uncomfortable in the new dress the sheriff's wife
had selected for her. Her black hair was neatly brushed and coiled
in two thick lobs which hung down over her ears. Her deep-set eyes
darted restlessly, even warily about her as she sat there in the
midst of this throng of strange, stern-faced men. Now and then they
went appealingly to Mrs. Gwyn or Viola or to the sheriff's wife,
and always they seemed to be asking: "What are they going to do to
me?"
The prosecuting attorney, a young man of slender experience
but chivalrous instincts, solemnly announced that he had but two
witnesses to examine and then he was through. He called the undertaker
to the stand.
"In as few words as possible, tell the jury who it was that you
buried yesterday afternoon."
"Jasper Suggs."
"Was he dead?"
"He was."
"That's all, your honour."
"Any questions, Mr. Gwynne?" inquired the judge.
"None, your honour."
"Call your next witness, Mr. Prosecutor."
"Mr. Sheriff, will you take the stand for a moment? Did you see
the defendant along about four o'clock yesterday morning?"
"I did."
"State where."
"At her father's cabin."
"State what had happened there prior to your arrival, if you know."
"This defendant had had a little difficulty with the corpse, and
he was dead on the floor when we got there."
"From a knife wound?"
"Yes, sir."
"Who inflicted that wound, if you know?"
"Miss Mary Hawk."
"You are sure about that, Mr. Sheriff?"
"Pos-i-tively."
"How can you be sure of that, sir, if you did not witness the deed
with your own eyes?"
The Court rapped on the table.
"This is your own witness, Mr. Prosecutor. Are you trying to
cross-examine him, or to discredit his testimony?"
"I beg your honour's pardon."
Kenneth arose. "We will admit that Jasper Suggs came to his death
at the hands of the defendant."
"In that case," said his gentlemanly adversary, "the State rests."
"Judge" Billings was heard audibly to remark: "Give 'em an inch
and they take a mile."
"Order in the court! Call your first witness, Mr. Gwynne."
"Take this chair, if you please, Miss Hawk. Hold up your right hand
and be sworn. Now, be good enough to answer the questions I put to
you, clearly and distinctly, so that the jury may hear."
After a few preliminary questions he said: "Now tell the Court and
the jury exactly what happened, beginning with the return of your
father and Jasper Suggs from a trip to town. Don't be afraid,
Miss--er--Moll. Tell the jury, in your own words, just what took
place between the time you first heard Suggs and your father talking
in the cabin and the arrival of the sheriff and his men."
It lacked just three minutes of ten o'clock when she finished her
story. It had been delivered haltingly and with visible signs of
embarrassment at times, but it was a straightforward, honest recital
of facts.
"Any questions, Mr. Prosecutor?"
"None, your honour. The State does not desire to present argument.
It is content to submit its case to the jury without argument,
asking only that a verdict be rendered fairly and squarely upon
the evidence as introduced. All we ask is justice."
"Any argument, Mr. Gwynne?"
"None, your honour. The defence is satisfied to leave its case
entirely in the hands of the jury."
"Gentlemen of the jury," said the Court, glancing at the clock,
"the Court will omit its instructions to you, merely advising you
that if you find the prisoner guilty as charged your verdict must
be murder in the first degree, the penalty for which is death."
"Judge" Billings leaned over and picked up his hat from the floor.
Then he arose and announced:
"We, the jury, find the defendant not guilty."
"Prisoner discharged," said the Court, arising. "The Court desires
to thank the jurors for the close attention you have paid to the
evidence in this case and for the prompt and just verdict you have
returned. Court stands adjourned."
Later on Moll Hawk walked up the hill with Mrs. Gwyn and Viola.
Very few words had passed between them since they left the curious
but friendly crowd in the public square. Finally Moll's dubious
thoughts found expression in words, breaking in upon the detached
reflections of her two companions.
"I don't see why they let me off like that, Mis' Gwyn. I killed
him, didn't I?"
"Yes, Moll,--but the law does not convict a person who kills in
self-defence. Didn't you understand that?" "But supposin' I wuz
starvin' to death an' I stole a ham like Bud Gridley did last fall
when his pa an' ma wuz sick, wouldn't that be self-defence? They put
him in jail fer two months, jest fer stealin' a ham when he hadn't
had nothin' to eat fer three days,--bein' crippled an' couldn't
work. Wuz that fair?"
"Don't forget, Moll," said Rachel ironically, "that Henry Butts
valued his ham at seventy-five cents."
"Anyhow, hit don't seem right an' fair," said Moll. "I didn't
have to kill Jasper to save my life. I could ha' saved it without
killin' him."
"You did perfectly right in killing him, Moll," broke in Viola
warmly. "I would have done the same thing if I had been in your
place."
Moll thought over this for a few seconds. "Well, maybe you might
have had to do it, Miss Violy, if them fellers had got away with
you as they wuz plannin' to do," she said.
Silence fell between them again, broken after a while by Moll.
"They'll never ketch Pap," she said. "I guess I'll never lay eyes
on him ag'in. I wuz jest wonderin' what's goin' to become of his
dogs. Do you suppose anybody'll take the trouble to feed 'em?"
Toby Moxler, Jack Trentman's dealer, accosted Kenneth Gwynne at
the conclusion of the first drill.
"Jack found this here letter down at the shanty this morning, Mr.
Gwynne. It's addressed to you, so he asked me to hand it to you
when I saw you."
Kenneth knew at once who the letter was from. He stuck it into his
coat pocket, unopened.
"Tell Jack that I am very much obliged to him," he said, and walked
away.
When he was safely out of hearing distance, Toby turned to the man
at his side and remarked:
"If what Barry Lapelle told me and Jack Trentman yesterday morning
is true, there'll be the doggonedest scandal this town ever heard
of."
"What did he tell you?" inquired his neighbour eagerly.
"It's against my principles to talk about women," snapped Toby,
glaring at the man as if deeply insulted. Seeing the disappointment
in the other's face, he softened a little: "'Specially about widders,"
he went so far as to explain. "You keep your shirt on, Elmer, and
wait. And when it _does_ come out, you'll be the most surprised
man in town."
Kenneth did not open Barry's letter until he reached his office.
His face darkened as he read but cleared almost instantly. He even
smiled disdainfully as he tore the sheet into small pieces and
stuffed them into his pocket against the time when he could consign
them to the fire in his kitchen stove.
"Kenneth Gwynne, Esquire.
"Sir: Upon receipt of your discurtious and cowardly reply
to my challenge I realized the futility of expecting on your part
an honourable and gentlemanly settlement of our difficulties. My
natural inclination was to seek you out and force you to fight but
advice of friends prevailed. I have decided to make it my business
to verify the story which has come to my ears regarding the Gwynne
and Carter families. In pursuit of this intention I am starting
immediately for your old home town in Kentucky where I am convinced
there still remain a number of people who will be able to give me
all the facts. If I was misled into making statements that were
untrue in my last meeting with your sister I shall most humbly
apologize to her. If on the contrary I find that what I said to
her was true I will make it my business to bring all the facts to
the notice of the people of Lafayette and let them decide what to
do in the matter. In any case I shall return in about a month or
six weeks at which time I shall renew my challenge to you with the
sincere hope that you may accept it and that I may have the belated
pleasure of putting a bullet through your cowardly heart. I must
however in the meantime refuse to sign myself
"Yours respectfully
"BARRY LAPELLE."