At the Mercy of Tiberius Part 38

"'And to a part I come, where no light s.h.i.+nes.'"

So clearly and ably has my distinguished a.s.sociate, Mr. Wolverton, presented all the legal points bearing upon the nature and value of the proof, submitted for your examination, that any attempt to b.u.t.tress his powerful argument, were an unpardonable reflection upon your intelligence, and his skill; and I shall confine my last effort in behalf of justice, to a brief a.n.a.lysis and comparison of the hypothesis of the defence, with the verified result of the prosecution.

"Beautiful and sparkling as the frail gla.s.s of Murano, and equally as thin, as treacherously brittle, is the theory so skilfully manufactured in behalf of the accused; and so adroitly exhibited that the ingenious facets catch every possible gleam, and for a moment almost dazzle the eyes of the beholder. In attempting to cast a lance against the s.h.i.+eld of circ.u.mstantial evidence, his weapon rebounded, recoiled upon his fine spun crystal and s.h.i.+vered it. What were the materials wherewith he worked? Circ.u.mstances, strained, well nigh dislocated by the effort to force them to fit into his Procrustean measure. A man was seen on the night of the twenty-sixth, who appeared unduly anxious to quit X--before daylight; and again the mysterious stranger was seen in a distant town in Pennsylvania, where he showed some gold coins of a certain denomination, and dropped on the floor one-half of an envelope, that once contained a will. In view of these circ.u.mstances (the prosecution calls them facts), the counsel for the defence PRESUMES that said stranger committed the murder, stole the will; and offers this opinion as presumptive proof that the prisoner is innocent. The argument runs thus: this man was an accepted lover of the accused, and therefore he must have destroyed the will that beggared his betrothed; but it is nowhere in evidence, that any lover existed, outside of the counsel's imagination; yet Asmodeus like he must appear when called for, and so we are expected to infer, a.s.sume, presume that because he stole the will he must be her lover. Does it not make your head swim to spin round in this circle of reasoning? In a.s.sailing the validity of circ.u.mstantial evidence, has he not cut his bridges, burned his s.h.i.+ps behind him?

"Gentlemen, fain would I seize this theory were it credible, and setting thereon, as in an ark, this most unfortunate prisoner, float her safely through the deluge of ruin, anchor her in peaceful security upon some far-off Ararat; but it has gone to pieces in the hands of its architect. Instead of rescuing the drowning, the wreck serves only to beat her down. If we accept the hypothesis of a lover at all, it will furnish the one missing link in the terrible chain that clanks around the luckless prisoner. The disappearance of the three hundred and twenty dollars has sorely perplexed the prosecution, and unexpectedly the defence offers us the one circ.u.mstance we lacked; the lover was lurking in the neighborhood, to learn the result of the visit, to escort her home; and to him the prisoner gave the missing gold, to him intrusted the destruction of the will. If that man came to 'Elm Bluff'

prepared to rob and murder, by whom was he incited and instigated; and who was the accessory, and therefore particeps criminis? The prisoner's handkerchief was the medium of chloroforming that venerable old man, and can there be a reasonable doubt that she aided in administering it?

"The prosecution could not explain why she came from the direction of the railroad bridge, which was far out of her way from 'Elm Bluff'; but the defence gives the most satisfactory solution: she was there, dividing her blood-stained spoils with the equally guilty accomplice--her lover. The prosecution brings to the bar of retribution only one criminal; the defence not only fastens the guilt upon this unhappy woman, by supplying the missing links, but proves premeditation, by the person of an accomplice. Four months have been spent in hunting some fact that would tend to exculpate the accused, but each circ.u.mstance dragged to light serves only to swell the dismal chorus, 'Woe to the guilty'. To-day she sits in the ashes of desolation, condemned by the unanimous evidence of every known fact connecred with this awful tragedy. To oppose this black and frightful host of proofs, what does she offer us? Simply her bare, solemnly reiterated denial of guilt. We hold our breath, hoping against hope that she will give some explanation, some solution, that our pitying hearts are waiting so eagerly to hear; but dumb as the Sphinx, she awaits her doom. You will weigh that bare denial in the scale with the evidence, and in this momentous duty recollect the cautious admonition that has been furnished to guide you: 'Cosceding that a.s.severations of innocence are always deserving of consideration by the executive, what is there to invest them with a conclusive efficacy, in opposition to a chain of presumptive evidence, the force and weight of which falls short only of mathematical demonstration?' The astute and eloquent counsel for defence, has cited some well-known cases, to shake your faith in the value of merely presumptive proof.

"I offer for your consideration, an instance of the fallibility of merely bare, unsupported denial of guilt on the part of the accused. A priest at Lauterbach was suspected, arrested and tried for the murder of a woman, under very aggravated circ.u.mstances. He was subjected to eighty examinations; and each time solemnly denied the crime. Even when confronted at midnight with the skull of the victim murdered eight years before, he vehemently protested his innocence; called on the skull to declare him not the a.s.sa.s.sin, and appealed to the Holy Trinity to proclaim his innocence. Finally he confessed his crime; testified that while cutting the throat of his victim, he had exhorted her to repentance, had given her absolution, and that having concealed the corpse, he had said ma.s.ses for her soul.

"The forlorn and hopeless condition of the prisoner at this bar, appeals pathetically to that compa.s.sion which we are taught to believe coexists with justice, even in the omnipotent G.o.d we wors.h.i.+p; yet in the face of incontrovertible facts elicited from reliable witnesses, of coincidences which no theory of accident can explain, can we stifle convictions, solely because she pleads 'not guilty'? Pertinent, indeed, was the ringing cry of that ancient prosecutor: 'Most ill.u.s.trious Caesar! if denial of guilt be sufficient defence, who would ever be convicted?' You have been a.s.sured that inferences drawn from probable facts eclipse the stupendous falsehood of Ananias and Sapphira! Then the same family strain inevitably crops out, in the loosely-woven web of defensive presumptive evidence--whose pedigree we trace to the same parentage. G.o.d forbid that I should commit the sacrilege of arrogating His divine attribute--infallibility--for any human authority, however exalted; or claim it for any amount of proof, presumptive or positive.

'It is because humanity even when most cautious and discriminating is so mournfully fallible and p.r.o.ne to error, that in judging its own frailty, we require the aid and reverently invoke the guidance of Jehovah.' In your solemn deliberations bear in mind this epitome of an opinion, ent.i.tled to more than a pa.s.sing consideration: 'Perhaps strong circ.u.mstantial evidence in cases of crime, committed for the most part in secret, is the most satisfactory of any from whence to draw the conclusion of guilt; for men may be seduced to perjury, by many base motives; but it can scarcely happen that many circ.u.mstances, especially if they be such over which the accuser could have no control, forming altogether the links of a transaction, should all unfortunately concur to fix the presumption of guilt on an individual, and yet such a conclusion be erroneous.'

"Gentlemen of the jury: the prosecution believes that the overwhelming ma.s.s of evidence laid before you proves, beyond a reasonable doubt, that the prisoner did premeditatedly murder and rob Robert Luke Darrington; and in the name of justice, we demand that you vindicate the majesty of outraged law, by rendering a verdict of 'guilty'. All the evidence in this case points the finger of doom at the prisoner, as to the time, the place, the opportunity, the means, the conduct and the motive. Suffer not sympathy for youthful womanhood and wonderful beauty, to make you recreant to the obligations of your oath, to decide this issue of life or death, strictly in accordance with the proofs presented; and bitterly painful as is your impending duty, do not allow the wail of pity to drown the demands of justice, or the voice of that blood that cries to heaven for vengeance upon the murderess. May the righteous G.o.d who rules the destinies of the universe guide you, and enable you to perform faithfully your awful duty."

Painfully solemn was the profound silence that pervaded the court-room, and the eyes of the mult.i.tude turned anxiously to the grave countenance of the Judge. Mr. Dunbar had seated himself at a small table, not far from Beryl, and resting his elbow upon it, leaned his right temple in the palm of his hand, watching from beneath his contracted black brows the earnest, expectant faces of the jurymen; and his keen, glowing eyes indexed little of the fierce, wolfish pangs that gnawed ceaselessly at his heart, as the intolerable suspense drew near its end.

Judge Parkman leaned forward.

"Gentlemen of the jury: before entering that box, as the appointed ministers of justice, to arbitrate upon the most momentous issue that can engage human attention--the life or death of a fellow creature--you called your Maker to witness that you would divest your minds of every shadow of prejudice, would calmly, carefully, dispa.s.sionately consider, a.n.a.lyze and weigh the evidence submitted for your investigation; and irrespective of consequences, render a verdict in strict accordance with the proofs presented. You have listened to the testimony of the witnesses, to the theory of the prosecution, to the theory of the counsel for the defence; you have heard the statement of the accused, her repeated denial of the crime with which she stands charged; and finally you have heard the arguments of counsel, the summing up of all the evidence. The peculiar character of some of the facts presented as proof, requires on your part the keenest and most exhaustive a.n.a.lysis of the inferences to be drawn from them, and you 'have need of patience, wisdom and courage'. While it is impossible that you can contemplate the distressing condition of the accused without emotions of profound compa.s.sion, your duty 'is prescribed by the law, which allows you no liberty to indulge any sentiment, inconsistent with its strict performance'. You should begin with the legal presumption that the prisoner is innocent, and that presumption must continue, until her guilt is satisfactorily proved. This is the legal right of the prisoner; contingent on no peculiar circ.u.mstances of any particular case, but is the common right of every person accused of a crime. The law surrounds the prisoner with a coat of mail, that only irrefragable proofs of guilt can pierce, and the law declares her innocent, unless the proof you have heard on her trial satisfies you, beyond a reasonable doubt, that she is guilty. What const.i.tutes reasonable doubt, it becomes your duty to earnestly and carefully consider. It is charged that the defendant, on the night of the twenty-sixth of October, did wilfully, deliberately, and premeditatedly murder Robert Luke Darrington, by striking him with a bra.s.s andiron. The legal definition of murder is the unlawful killing of another, with malice aforethought; and is divided into two degrees. Any murder committed knowingly, intentionally and wantonly, and without just cause or excuse, is murder in the first degree; and this is the offence charged against the prisoner at the bar. If you believe from the evidence, that the defendant, Beryl Brentano, did at the time and place named, wilfully and premeditatedly kill Robert Luke Darrington, then it will become your duty to find the defendant guilty of murder; if you do not so believe, then it will be your duty to acquit her. A copy of the legal definition of homicide, embracing murder in the first and second degrees, and of manslaughter in the first and second degrees, will be furnished for your instruction; and it is your right and privilege after a careful examination of all the evidence, to convict of a lesser crime than that charged in the indictment, provided all the evidence in this case, should so convince your minds, to the exclusion of a reasonable doubt.

"In your deliberations you will constantly bear in memory, the following long established rules provided for the guidance of jurors:

"'I.--The burden of proof rests upon the prosecution, and does not s.h.i.+ft or change to the defendant in any phase or stage of the case.

"'II.--Before the jury can convict the accused, they must be satisfied from the evidence that she is guilty of the offence charged in the indictment, beyond a reasonable doubt. It is not sufficient that they should believe her guilt only probable. No degree of probability merely, will authorize a conviction; but the evidence must be of such character and tendency as to produce a moral certainty of the prisoner's guilt, to the exclusion of reasonable doubt.

"'III.--Each fact which is necessary in the chain of circ.u.mstances to establish the guilt of the accused, must be distinctly proved by competent legal evidence, and if the jury have reasonable doubt as to any material fact, necessary to be proved in order to support the hypothesis of the prisoner's guilt, to the exclusion of every other reasonable hypothesis, they must find her not guilty.

"'IV.--If the jury are satisfied from the evidence, that the accused is guilty of the offence charged, beyond reasonable doubt, and no rational hypothesis or explanation can be framed or given (upon the whole evidence in the cause) consistent with the innocence of the accused, and at the same time consistent with the facts proved, they ought to find her guilty. The jury are the exclusive judges of the evidence, of its weight, and of the credibility of the witnesses. It is their duty to accept and be governed by the law, as given by the Court in its instructions.'

"The evidence in this case is not direct and positive, but presumptive; and your attention has been called to some well known cases of persons convicted of, and executed for capital crimes, whose entire innocence was subsequently made apparent. These arguments and cases only prove that, 'all human evidence, whether it be positive or presumptive in its character, like everything else that partakes of mortality, is fallible. The reason may be as completely convinced by circ.u.mstantial--as by positive evidence, and yet may possibly not arrive at the truth by either.'

"The true question, therefore, for your consideration, is not the kind of evidence in this case, but it is, what is the result of it in your minds? If it has failed to satisfy you of the guilt of the accused, and your minds are not convinced, vacillate in doubt, then you must acquit her, be the evidence what it may, positive or presumptive; but if the result of the whole evidence satisfies you, it you are convinced that she is guilty, then it is imperatively your duty to convict her, even if the character of the evidence be wholly circ.u.mstantial." Such is the law.

"In resigning this case to you, I deem it my duty to direct your attention to one point, which I suggest that you consider. If the accused administered chloroform, did it indicate that her original intention was solely to rob the vault? Is the act of administering the chloroform consistent with the theory of deliberate and premeditated murder? In examining the facts submitted by counsel, take the suggestion just presented, with you, and if the facts and circ.u.mstances proved against her, can be accounted for on the theory of intended, deliberate robbery, without necessarily involving premeditated murder, it is your privilege to put that merciful construction upon them.

"Gentlemen of the jury, I commit this mournful and terrible case to your decision; and solemnly adjure you to be governed in your deliberations, by the evidence as you understand it, by the law as furnished in these instructions, and to render such verdict, as your reason compels, as your matured judgment demands, and your conscience unhesitatingly approves and sanctions. May G.o.d direct and control your decision."

CHAPTER XX.

Drifting along the stream of testimony that rolled in front of the jury-box, an eager and excited public had with scarcely a dissenting voice arrived at the conclusion, that the verdict was narrowed to the limits of only two possibilities. It was confidently expected that the jury would either acquit unconditionally, or fail to agree; thus prolonging suspense, by a mistrial. It was six o'clock when, the jurors, bearing the andiron, handkerchief, pipe, and a diagram of the bedroom at "Elm Bluff", were led away to their final deliberation; yet so well a.s.sured was the ma.s.s of spectators, that they would promptly return to render a favorable verdict, that despite the inclemency of the weather, there was no perceptible diminution of the anxious crowd of men and women.

The night had settled prematurely down, black and stormy; and though the fury of the gale seemed at one time to have spent itself, the wind veered to the implacable east, and instead of fitful gusts, a steady roaring blast freighted with rain smote the darkness. The officer conducted his prisoner across the dim corridor, and opened the door of the small anteroom, which frequent occupancy had rendered gloomily familiar.

"I wish I could make you more comfortable, and it is a shame to shut you up in such an ice-box. I will throw my overcoat on the floor, and you can wrap your feet up in it. Yes, you must take it. I shall keep warm at the stove in the Sheriff's room. The Judge will not wait later than ten o'clock, then I'll take you back to Mrs. Singleton. It seems you prefer to remain here alone."

"Yes, entirely alone."

"You are positive, you won't try a little hot punch, or a gla.s.s of wine?"

"Thank you, but I wish only to be alone."

"Don't be too down-hearted. You will never be convicted under that indictment, at least not by this jury, for I have a suspicion that there is one man among them, who will stand out until the stars fall, and I will tell you why. I happened to be looking at him, when your Christmas card was shown by Mr. Dunbar. The moment he saw it, he started, stretched out his hand, and as he looked at it, I saw him choke up, and pa.s.s his hand over his eyes. Soon after Christmas, that man lost his only child, a girl five years old, who had scarlet fever.

To divert her mind, they gave her a Christmas card to play with, that some friend had sent to her mother. She had it in her hand when she died, in convulsions, and it was put in her coffin and buried with her.

My wife helped to nurse and shroud her, and she told me it was the card shown in court; it was your card. The law can't cut out the heartstrings of the jury, and I don't believe that man would lift his hand against your life, any sooner than he would strike the face of his dead child."

He locked the door, and Beryl found herself at last alone, in the dreary little den where a single gas burner served only to show the surrounding cheerlessness. The furniture comprised a wooden bench along the wall, two chairs, and a table in the middle of the floor; and on the dusty panes of the grated window, a ray of ruddy light from a lamp post in the street beneath, broke through the leaden lances of the rain, and struggled for admission.

The neurotic pharmacopoeia contains nothing so potent as despair to steady quivering nerves, and steel to superhuman endurance. For Beryl, the pendulum of suspense had ceased to swing, because the spring of hope had snapped; and the complete surrender, the mute acceptance of the worst possible to come, had left her numb, impervious to dread. As one by one the discovered facts spelled unmistakably the name of her brother, allowing no margin to doubt his guilt, the necessity of atonement absorbed every other consideration; and the desire to avert his punishment extinguished the last remnant of selfish anxiety. If by suffering in his stead, she could secure to him life--the opportunities of repentance, of expiation, of making his peace with G.o.d, of saving his immortal soul--how insignificant seemed all else. The innate love of life, the natural yearning for happiness, the once fervent aspirations for fame--the indescribable longing for the fruition of youth's high hopes, which like a Siren sang somewhere in the golden mists of futurity--all these were now crushed beyond recognition in the whirlwind that had wrecked her.

Her father slept under silvery olives in a Tuscan dell, her mother within hearing of the waves that broke on the Atlantic sh.o.r.e; and if the wanderer could be purified by penitential tears, what mattered the shattering of the family circle on earth, when in the eternal Beyond, it would be indissolubly reformed? Over the black gulf that yawned in her young, pure life, the wings of her Christian faith bore her steadily, unwaveringly to the heavenly rest, that she knew remained for the people of G.o.d; and so, she seemed to have shaken hands with the things of time and earth, and to stand on the border land, girded for departure. To meet her beloved dead, with the blessed announcement that Bertie must join them after a while, because she had ransomed his precious soul; and that the family would be complete under the heavenly roof, was recompense so rich, that the fangs of disgrace, of physical and mental torture were effectually extracted. By day and by night the ladder of prayer lifted her soul into that serene realm, where the fountains of balm are never drained; and into her face stole the reflection of that peace which only communion with the Christian's G.o.d can bring to those whom grief has claimed for its own.

To-night, as she listened to the Coronach chanted by the gale, and the dismal accompaniment of the pelting rain, she realized how utterly isolated was her position, and kneeling on the bare floor, crossed her arms on the table, bowed her bead upon them, and prayed for patience and strength. The ordeal had been fiery, but the end was at hand, and release must be near.

She heard quick steps in the corridor, and the key was turned in the lock. Had the jury so promptly decided to destroy her? For an instant only, she shut her eyes; and when she opened them, Mr. Dunbar was leaning over her, folding closely about her shoulders some heavy wrap, whose soft fur collar his fingers b.u.t.toned around her throat. She had not known that she was cold, until the delicious sensation of warmth crept like a caressing touch over her chilled limbs. She did not stir, and neither spoke; but after a moment he turned toward the door; then she rose.

"There is something I wish to say, and this is my last opportunity, as after to-night we shall not meet again. During the past four months I have said harsh, bitter things to you, and have unjustly judged you. In grateful recognition of all that you have so faithfully essayed to accomplish in my behalf, I ask you now to forget everything but my grat.i.tude for your effort to save me; and I offer my hand to you, as the one friend who sacrificed even his manly pride, and endured humiliation in order to redress my wrongs. I thank you very sincerely, Mr. Dunbar."

He took her outstretched hand, pressed it against his cheek, his eyes, held it to his lips; then a half smothered groan escaped him, and afraid to trust himself, he went quickly out.

Believing that she stood on the confines of another world, she had possessed her soul in patience, waiting for the consummation of the sacrifice; yet at the crisis of her fate, that singular, incomprehensible influence, long resisted, drew her thoughts to him, whom she regarded as the chosen puppet of destiny to hurry her into an untimely grave. She had fought the battle with him, under fearful odds; conscious of sedition in the heart that defied him, warily clutching with one hand the throat of rebellion in her citadel, while with the other, she parried a.s.sault.

Keeping lonely vigil, amid the strewn wreck of life and hope, she had waved away one persistent thought, that lit up the blackness with a sudden glory, that came with the face of an angel of light, and babbled with the silvery tongue of sorcery. As far as her future was concerned, this world had practically come to a premature end; but above the roar of ruin, and out of the yawning graves of slaughtered possibilities, rose and rang the challenge: If she had never come South, if she could have been allowed the chance of happiness that seemed every woman's birthright, if she had met and known Mr. Dunbar, before he was pledged to another; what then? If she were once more the Beryl of old, and he were free? If? What necromancy so wonderful, as the potentiality of if?

Weighed in that popular balance--appearances--how stood the poor friendless prisoner, loaded with suspicion, tarnished with obloquy, on the verge of an ignominious death; in comparison with the fair, proud heiress, dowered with blue blood, powerful in patrician influence, rich in all that made her the envy of her social world?

In the dazzling zenith of temporal prosperity, Leo Gordon considered the heart of her betrothed her most precious possession; the one jewel which she would gladly have given all else to preserve; and yet, fate tore it from her grasp, and laid it at the feet, nay thrust it into the white hand of the woman who must die for a fiendish crime. A latter-day seer tells us, that in all realms, "Between laws there is no a.n.a.logy, there is Continuity"; then in the universe of ethical sociology, who shall trace the illimitable ramifications of the Law of Compensation?

Up and down, back and forth, slowly, wearily walked the prisoner; and when the town clock struck eight, she mechanically counted each stroke.

As in drowning men, the landmarks of a lifetime rise, huddle, almost press upon the glazing eyes, so the phantasmagoria of Beryl's past, seemed projected in strange luminousness upon the pall of the present, like profiles in silvery flame cast on a black curtain.

Holding her father's hand, she walked in the Odenwald; sitting beside her mother on a carpet of purple vetches, she stemmed strawberries in a garden near Pistoja; clinging to Bertie's jacket, she followed him across dimpling sands to dip her feet in the blue Mediterranean waves, that broke in laughter, showing teeth of foam, where dying sunsets reddened all the beach. Through sunny arcades, flushed with pomegranate, glowing with orange, silvered with lemon blossoms, came the tinkling music of contadini bells, the bleating of kids, the twittering of happy birds, the distant chime of an Angelus; all the subtle harmony, the fragmentary melody that flickers through an Impromptu of Chopin or Schubert. She saw the simulacrum of her former self, the proud, happy Beryl of old, singing from the score of the "Messiah", in the organ loft of a marble church; she heard the rich tenor voice of her handsome brother, as he trilled a barcarole one night, crossing the Atlantic; she smelled the tuberoses at Mentone, the faint breath of lilies her father had loved so well, and then, blotting all else, there rose clear as some line of Morghen's, that attic room; the invalid's bed, the low chair beside it, the wasted figure, the suffering, fever-flushed face of the beloved mother, as she saw her last, with the Grand Duke jasmine fastened at her throat.

The door was thrown open, and the officer beckoned her to follow him.

Back into the crowded court-room, where people pressed even into the window sills for standing room, where Judge and counsel sat gravely expectant; where the stillness of death had suddenly fallen. The officer conducted her to the bar, then drew back, and Mr. Dunbar came and stood at her side; resting his hand on the back of her chair.

In that solemn hush, the measured tramp of the jury advancing, and filing into their box, had the mournful, measured beat as of pall bearers, keeping step to a dismal dirge; and when the foreman laid upon the table the fatal bra.s.s unicorn, the m.u.f.fled sound seemed ominous as the grating of a coffin lowered upon the cross bars of a gaping grave.

As the roll was called, each man rose, and answered in a low but distinct tone. Then the clerk of the court asked:

"Gentlemen of the jury, have you agreed upon your verdict?"

"We have," replied the foreman.