Henry Brierly took the stand.
Requested by the District Attorney to tell the jury
all he knew about the killing, he narrated the circumstances
substantially as the reader already knows them.
He accompanied Miss Hawkins to New
York at her request, supposing she was coming in relation
to a bill then pending in Congress, to secure the
attendance of absent members. Her note to him
was here shown. She appeared to be very much
excited at the Washington station. After she
had asked the conductor several questions, he heard
her say, “He can’t escape.”
Witness asked her “Who?” and she replied
“Nobody.” Did not see her during
the night. They traveled in a sleeping car.
In the morning she appeared not to have slept, said
she had a headache. In crossing the ferry she
asked him about the shipping in sight; he pointed out
where the Cunarders lay when in port. They took
a cup of coffee that morning at a restaurant.
She said she was anxious to reach the Southern Hotel
where Mr. Simons, one of the absent members, was staying,
before he went out. She was entirely self-possessed,
and beyond unusual excitement did not act unnaturally.
After she had fired twice at Col. Selby, she
turned the pistol towards her own breast, and witness
snatched it from her. She had seen a great deal
with Selby in Washington, appeared to be infatuated
with him.
“Civil Engineer, sir.”
“Ah, civil engineer, (with a
glance at the jury). Following that occupation
with Miss Hawkins?” (Smiles by the jury).
“No, sir,” said Harry, reddening.
“How long have you known the prisoner?”
“Two years, sir. I made her acquaintance
in Hawkeye, Missouri.”
Objected to. “I submit,
your Honor, that I have the right to establish the
relation of this unwilling witness to the prisoner.”
Admitted.
“Well, sir,” said Harry hesitatingly,
“we were friends.”
Harry blushed and stammered and looked
at the judge. “You must answer, sir,”
said His Honor.
“She she didn’t
accept me.”
“No. I should think not.
Brierly do you dare tell the jury that you had not
an interest in the removal of your rival, Col.
Selby?” roared Mr. Braham in a voice of thunder.
“Nothing like this, sir, nothing
like this,” protested the witness.
“That’s all, sir,” said Mr. Braham
severely.
“One word,” said the District
Attorney. “Had you the least suspicion
of the prisoner’s intention, up to the moment
of the shooting?”
“Not the least,” answered Harry earnestly.
“Of course not, of course-not,” nodded
Mr. Braham to the jury.
The prosecution then put upon the
stand the other witnesses of the shooting at the hotel,
and the clerk and the attending physicians. The
fact of the homicide was clearly established.
Nothing new was elicited, except from the clerk,
in reply to a question by Mr. Braham, the fact that
when the prisoner enquired for Col. Selby she
appeared excited and there was a wild look in her
eyes.
The dying deposition of Col.
Selby was then produced. It set forth Laura’s
threats, but there was a significant addition to it,
which the newspaper report did not have. It
seemed that after the deposition was taken as reported,
the Colonel was told for the first time by his physicians
that his wounds were mortal. He appeared to be
in great mental agony and fear; and said he had not
finished his deposition. He added, with great
difficulty and long pauses these words. “I have
not told all.
I must tell put it down I wronged her.
Years ago I can’t
see O God I deserved ”
That was all. He fainted and did not revive
again.
The Washington railway conductor testified
that the prisoner had asked him if a gentleman and
his family went out on the evening train, describing
the persons he had since learned were Col. Selby
and family.
Susan Cullum, colored servant at Senator
Dilworthy’s, was sworn. Knew Col.
Selby. Had seen him come to the house often,
and be alone in the parlor with Miss Hawkins.
He came the day but one before he was shot.
She let him in. He appeared flustered like.
She heard talking in the parlor, I peared like it
was quarrelin’. Was afeared sumfin’
was wrong: Just put her ear to the keyhole
of the back parlor-door. Heard a man’s
voice, “I can’t I
can’t, Good God,” quite beggin’ like.
Heard young Miss’ voice, “Take
your choice, then. If you ’bandon me, you
knows what to ’spect.” Then he rushes
outen the house, I goes in and I says,
“Missis did you ring?” She was a standin’
like a tiger, her eyes flashin’. I come
right out.
This was the substance of Susan’s
testimony, which was not shaken in the least by severe
cross-examination. In reply to Mr. Braham’s
question, if the prisoner did not look insane, Susan
said, “Lord; no, sir, just mad as a hawnet.”
Washington Hawkins was sworn.
The pistol, identified by the officer as the one
used in the homicide, was produced Washington admitted
that it was his. She had asked him for it one
morning, saying she thought she had heard burglars
the night before. Admitted that he never had
heard burglars in the house. Had anything unusual
happened just before that.
Nothing that he remembered.
Did he accompany her to a reception at Mrs. Shoonmaker’s
a day or two before? Yes. What occurred?
Little by little it was dragged out of the witness
that Laura had behaved strangely there, appeared to
be sick, and he had taken her home. Upon being
pushed he admitted that she had afterwards confessed
that she saw Selby there. And Washington volunteered
the statement that Selby, was a black-hearted villain.
The District Attorney said, with some
annoyance; “There there! That
will do.”
The defence declined to examine Mr.
Hawkins at present. The case for the prosecution
was closed. Of the murder there could not be
the least doubt, or that the prisoner followed the
deceased to New York with a murderous intent:
On the evidence the jury must convict, and might do
so without leaving their seats. This was the
condition of the case two days after the jury had
been selected. A week had passed since the trial
opened; and a Sunday had intervened.
The public who read the reports of
the evidence saw no chance for the prisoner’s
escape. The crowd of spectators who had watched
the trial were moved with the most profound sympathy
for Laura.
Mr. Braham opened the case for the
defence. His manner was subdued, and he spoke
in so low a voice that it was only by reason of perfect
silence in the court room that he could be heard.
He spoke very distinctly, however, and if his nationality
could be discovered in his speech it was only in a
certain richness and breadth of tone.
He began by saying that he trembled
at the responsibility he had undertaken; and he should,
altogether despair, if he did not see before him a
jury of twelve men of rare intelligence, whose acute
minds would unravel all the sophistries of the prosecution,
men with a sense, of honor, which would revolt at
the remorseless persecution of this hunted woman by
the state, men with hearts to feel for the wrongs of
which she was the victim. Far be it from him
to cast any suspicion upon the motives of the able,
eloquent and ingenious lawyers of the state; they
act officially; their business is to convict.
It is our business, gentlemen, to see that justice
is done.
“It is my duty, gentlemen, to
untold to you one of the most affecting dramas in
all, the history of misfortune. I shall have
to show you a life, the sport of fate and circumstances,
hurried along through shifting storm and sun, bright
with trusting innocence and anon black with heartless
villainy, a career which moves on in love and desertion
and anguish, always hovered over by the dark spectre
of insanity an insanity hereditary
and induced by mental torture, until it
ends, if end it must in your verdict, by one of those
fearful accidents, which are inscrutable to men and
of which God alone knows the secret.
“Gentlemen, I, shall ask you
to go with me away from this court room and its minions
of the law, away from the scene of this tragedy, to
a distant, I wish I could say a happier day.
The story I have to tell is of a lovely little girl,
with sunny hair and laughing eyes, traveling with
her parents, evidently people of wealth and refinement,
upon a Mississippi steamboat. There is an explosion,
one of those terrible catastrophes which leave the
imprint of an unsettled mind upon the survivors.
Hundreds of mangled remains are sent into eternity.
When the wreck is cleared away this sweet little
girl is found among the panic stricken survivors in
the midst of a scene of horror enough to turn the
steadiest brain. Her parents have disappeared.
Search even for their bodies is in vain. The
bewildered, stricken child who can say what
changes the fearful event wrought in her tender brain clings
to the first person who shows her sympathy.
It is Mrs. Hawkins, this good lady who is still her
loving friend. Laura is adopted into the Hawkins
family. Perhaps she forgets in time that she
is not their child. She is an orphan.
No, gentlemen, I will not deceive you, she is not an
orphan. Worse than that. There comes another
day of agony. She knows that her father lives.
Who is he, where is he? Alas, I cannot tell
you. Through the scenes of this painful history
he flits here and there a lunatic! If he, seeks
his daughter, it is the purposeless search of a lunatic,
as one who wanders bereft of reason, crying where
is my child? Laura seeks her father. In
vain just as she is about to find him, again and again-he
disappears, he is gone, he vanishes.
“But this is only the prologue
to the tragedy. Bear with me while I relate
it. (Mr. Braham takes out a handkerchief, unfolds
it slowly; crashes it in his nervous hand, and throws
it on the table). Laura grew up in her humble
southern home, a beautiful creature, the joy, of the
house, the pride of the neighborhood, the loveliest
flower in all the sunny south. She might yet
have been happy; she was happy. But the destroyer
came into this paradise. He plucked the sweetest
bud that grew there, and having enjoyed its odor,
trampled it in the mire beneath his feet. George
Selby, the deceased, a handsome, accomplished Confederate
Colonel, was this human fiend. He deceived her
with a mock marriage; after some months he brutally,
abandoned her, and spurned her as if she were a contemptible
thing; all the time he had a wife in New Orleans.
Laura was crushed. For weeks, as I shall show
you by the testimony of her adopted mother and brother,
she hovered over death in delirium. Gentlemen,
did she ever emerge from this delirium? I shall
show you that when she recovered her health, her mind
was changed, she was not what she had been.
You can judge yourselves whether the tottering reason
ever recovered its throne.
“Years pass. She is in
Washington, apparently the happy favorite of a brilliant
society. Her family have become enormously rich
by one of those sudden turns, in fortune that the
inhabitants of America are familiar with the
discovery of immense mineral wealth in some wild lands
owned by them. She is engaged in a vast philanthropic
scheme for the benefit of the poor, by, the use of
this wealth. But, alas, even here and now, the
same, relentless fate pursued her. The villain
Selby appears again upon the scene, as if on purpose
to complete the ruin of her life. He appeared
to taunt her with her dishonor, he threatened exposure
if she did not become again the mistress of his passion.
Gentlemen, do you wonder if this woman, thus pursued,
lost her reason, was beside herself with fear, and
that her wrongs preyed upon her mind until she was
no longer responsible for her acts? I turn away
my head as one who would not willingly look even upon
the just vengeance of Heaven. (Mr. Braham paused
as if overcome by his emotions. Mrs. Hawkins
and Washington were in tears, as were many of the
spectators also. The jury looked scared.)
“Gentlemen, in this condition
of affairs it needed but a spark I do not
say a suggestion, I do not say a hint from
this butterfly Brierly; this rejected rival, to cause
the explosion. I make no charges, but if this
woman was in her right mind when she fled from Washington
and reached this city in company with Brierly,
then I do not know what insanity is.”
When Mr. Braham sat down, he felt
that he had the jury with him. A burst of applause
followed, which the officer promptly, suppressed.
Laura, with tears in her eyes, turned a grateful
look upon her counsel. All the women among the
spectators saw the tears and wept also. They
thought as they also looked at Mr. Braham; how handsome
he is!
Mrs. Hawkins took the stand.
She was somewhat confused to be the target of so
many, eyes, but her honest and good face at once told
in Laura’s favor.
“Mrs. Hawkins,” said Mr.
Braham, “will you’ be kind enough to state
the circumstances of your finding Laura?”
“I object,” said Mr. McFlinn;
rising to his feet. “This has nothing
whatever to do with the case, your honor. I am
surprised at it, even after the extraordinary speech
of my learned friend.”
“How do you propose to connect
it, Mr. Braham?” asked the judge.
“If it please the court,”
said Mr. Braham, rising impressively, “your
Honor has permitted the prosecution, and I have submitted
without a word; to go into the most extraordinary
testimony to establish a motive. Are we to be
shut out from showing that the motive attributed to
us could not by reason of certain mental conditions
exist? I purpose, may, it please your Honor,
to show the cause and the origin of an aberration of
mind, to follow it up, with other like evidence, connecting
it with the very moment of the homicide, showing a
condition of the intellect, of the prisoner that precludes
responsibility.”
“The State must insist upon
its objections,” said the District Attorney.
“The purpose evidently is to open the door to
a mass of irrelevant testimony, the object of which
is to produce an effect upon the jury your Honor well
understands.”
“Perhaps,” suggested the
judge, “the court ought to hear the testimony,
and exclude it afterwards, if it is irrelevant.”
“Will your honor hear argument on that!”
“Certainly.”
And argument his honor did hear, or
pretend to, for two whole days, from all the counsel
in turn, in the course of which the lawyers read contradictory
decisions enough to perfectly establish both sides,
from volume after volume, whole libraries in fact,
until no mortal man could say what the rules were.
The question of insanity in all its legal aspects
was of course drawn into the discussion, and its application
affirmed and denied. The case was felt to turn
upon the admission or rejection of this evidence.
It was a sort of test trial of strength between the
lawyers. At the end the judge decided to admit
the testimony, as the judge usually does in such cases,
after a sufficient waste of time in what are called
arguments.
Mrs. Hawkins was allowed to go on.