The Complete Novels of Mark Twain and the Complete Biography of Mark Twain (60 page)

As soon as the judge was seated, the court was opened with the "oi yis, oi yis" of the officer in his native language, the case called, and the sheriff was directed to bring in the prisoner. In the midst of a profound hush Laura entered, leaning on the arm of the officer, and was conducted to a seat by her counsel. She was followed by her mother and by Washington Hawkins, who were given seats near her.

Laura was very pale, but this pallor heightened the lustre of her large eyes and gave a touching sadness to her expressive face. She was dressed in simple black, with exquisite taste, and without an ornament. The thin lace vail which partially covered her face did not so much conceal as heighten her beauty. She would not have entered a drawing room with more self-poise, nor a church with more haughty humility. There was in her manner or face neither shame nor boldness, and when she took her seat in fall view of half the spectators, her eyes were downcast. A murmur of admiration ran through the room. The newspaper reporters made their pencils fly. Mr. Braham again swept his eyes over the house as if in approval. When Laura at length raised her eyes a little, she saw Philip and Harry within the bar, but she gave no token of recognition.

The clerk then read the indictment, which was in the usual form. It charged Laura Hawkins, in effect, with the premeditated murder of George Selby, by shooting him with a pistol, with a revolver, shotgun, rifle, repeater, breech-loader, cannon, six-shooter, with a gun, or some other, weapon; with killing him with a slung-shot, a bludgeon, carving knife, bowie knife, pen knife, rolling pin, car, hook, dagger, hair pin, with a hammer, with a screw-driver; with a nail, and with all other weapons and utensils whatsoever, at the Southern hotel and in all other hotels and places wheresoever, on the thirteenth day of March and all other days of the Christian era wheresoever.

Laura stood while the long indictment was read; and at the end, in response to the inquiry, of the judge, she said in a clear, low voice; "Not guilty." She sat down and the court proceeded to impanel a jury.

The first man called was Michael Lanigan, saloon keeper.

"Have you formed or expressed any opinion on this case, and do you know any of the parties?"

"Not any," said Mr. Lanigan.

"Have you any conscientious objections to capital punishment?"

"No, sir, not to my knowledge."

"Have you read anything about this case?"

"To be sure, I read the papers, y'r Honor."

Objected to by Mr. Braham, for cause, and discharged.

Patrick Coughlin.

"What is your business?"

"Well—I haven't got any particular business."

"Haven't any particular business, eh? Well, what's your general business? What do you do for a living?"

"I own some terriers, sir."

"Own some terriers, eh? Keep a rat pit?"

"Gentlemen comes there to have a little sport. I never fit 'em, sir."

"Oh, I see—you are probably the amusement committee of the city council. Have you ever heard of this case?"

"Not till this morning, sir."

"Can you read?"

"Not fine print, y'r Honor."

The man was about to be sworn, when Mr. Braham asked,

"Could your father read?"

"The old gentleman was mighty handy at that, sir."

Mr. Braham submitted that the man was disqualified Judge thought not. Point argued. Challenged peremptorily, and set aside.

Ethan Dobb, cart-driver.

"Can you read?"

"Yes, but haven't a habit of it."

"Have you heard of this case?"

"I think so—but it might be another. I have no opinion about it."

Dist. A. "Tha—tha—there! Hold on a bit? Did anybody tell you to say you had no opinion about it?"

"N—n—o, sir."

"Take care now, take care. Then what suggested it to you to volunteer that remark?"

"They've always asked that, when I was on juries."

"All right, then. Have you any conscientious scruples about capital punishment?"

"Any which?"

"Would you object to finding a person guilty—of murder on evidence?"

"I might, sir, if I thought he wan't guilty."

The district attorney thought he saw a point.

"Would this feeling rather incline you against a capital conviction?"

The juror said he hadn't any feeling, and didn't know any of the parties. Accepted and sworn.

Dennis Lafin, laborer. Have neither formed nor expressed an opinion. Never had heard of the case. Believed in hangin' for them that deserved it. Could read if it was necessary.

Mr. Braham objected. The man was evidently bloody minded. Challenged peremptorily.

Larry O'Toole, contractor. A showily dressed man of the style known as "vulgar genteel," had a sharp eye and a ready tongue. Had read the newspaper reports of the case, but they made no impression on him. Should be governed by the evidence. Knew no reason why he could not be an impartial juror.

Question by District Attorney.

"How is it that the reports made no impression on you?"

"Never believe anything I see in the newspapers."

(Laughter from the crowd, approving smiles from his Honor and Mr. Braham.) Juror sworn in. Mr. Braham whispered to O'Keefe, "that's the man."

Avery Hicks, pea-nut peddler. Did he ever hear of this case? The man shook his head.

"Can you read?"

"No." "Any scruples about capital punishment?"

"No."

He was about to be sworn, when the district attorney turning to him carelessly, remarked,

"Understand the nature of an oath?"

"Outside," said the man, pointing to the door.

"I say, do you know what an oath is?"

"Five cents," explained the man.

"Do you mean to insult me?" roared the prosecuting officer. "Are you an idiot?"

"Fresh baked. I'm deefe. I don't hear a word you say."

The man was discharged. "He wouldn't have made a bad juror, though," whispered Braham. "I saw him looking at the prisoner sympathizingly. That's a point you want to watch for."

The result of the whole day's work was the selection of only two jurors. These however were satisfactory to Mr. Braham. He had kept off all those he did not know. No one knew better than this great criminal lawyer that the battle was fought on the selection of the jury. The subsequent examination of witnesses, the eloquence expended on the jury are all for effect outside. At least that is the theory of Mr. Braham. But human nature is a queer thing, he admits; sometimes jurors are unaccountably swayed, be as careful as you can in choosing them.

It was four weary days before this jury was made up, but when it was finally complete, it did great credit to the counsel for the defence. So far as Mr. Braham knew, only two could read, one of whom was the foreman, Mr. Braham's friend, the showy contractor. Low foreheads and heavy faces they all had; some had a look of animal cunning, while the most were only stupid. The entire panel formed that boasted heritage commonly described as the "bulwark of our liberties."

The District Attorney, Mr. McFlinn, opened the case for the state. He spoke with only the slightest accent, one that had been inherited but not cultivated. He contented himself with a brief statement of the case. The state would prove that Laura Hawkins, the prisoner at the bar, a fiend in the form of a beautiful woman, shot dead George Selby, a Southern gentleman, at the time and place described. That the murder was in cold blood, deliberate and without provocation; that it had been long premeditated and threatened; that she had followed the deceased from Washington to commit it. All this would be proved by unimpeachable witnesses. The attorney added that the duty of the jury, however painful it might be, would be plain and simple. They were citizens, husbands, perhaps fathers. They knew how insecure life had become in the metropolis. Tomorrow our own wives might be widows, their own children orphans, like the bereaved family in yonder hotel, deprived of husband and father by the jealous hand of some murderous female. The attorney sat down, and the clerk called?

"Henry Brierly."

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.

(Cross-examined by Mr. Braham.) "Mist-er.....er Brierly!" (Mr. Braham had in perfection this lawyer's trick of annoying a witness, by drawling out the "Mister," as if unable to recall the name, until the witness is sufficiently aggravated, and then suddenly, with a rising inflection, flinging his name at him with startling unexpectedness.) "Mist-er.....er Brierly! What is your occupation?"

"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."

"M.....m...m. Mist-er.....er Brierly! Were you not a lover of Miss Hawkins?"

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."

"You act like a friend!" (sarcastically.) The jury were beginning to hate this neatly dressed young sprig. "Mister......er....Brierly! Didn't Miss Hawkins refuse you?"

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.