Cora and The Doctor Part 40

Poor Lucy! Little reason as she has to love her brother, this will be a terrible blow to her affectionate heart. Although Joseph has been living at the Hall since last spring, yet he has never taken the least notice of her or her family, and even seems to have forgotten that he has a sister. The dear girl thought all her trials were over, she has been so contented and happy with her little family. She has a beautiful pair of twin boys. Emily is six years old. Frank says, it was a painful duty to inform her of the arrest of her brother, which he did this morning.

He was very much affected by her first words after he had told her of Mr. Fuller's confession. "Then my dear father did remember me;" and she burst into tears.

_Thursday, September 5th._

Allen Mansfield called here this morning to consult with the Doctor, after having in vain sought him at the office. Nothing for years has caused such an excitement in the town; and corroborative testimony is constantly related by one and another, as to the certainty of a will.

But _where_ is it? That it was destroyed at the time is the current opinion. The vile character of the prisoners--the virtue of young Mansfield's family--the probable result of the trial--the length of imprisonment for such crimes--the motives which influenced Mr. Colby to such an act, are the universal themes of conversation.

Groups of men stand in the streets discussing the latest intelligence of the affair, while Lucy and her husband from being among the most quiet citizens of the place have been suddenly transformed into the lions of the day. Their every word and look is eagerly repeated from one to another. One benefit has already resulted from all this. Public attention and sympathy have been turned to the family of widow Fuller, and she has help flowing in from all quarters. In return, she has only to repeat some two or three dozen times a day the sad confession of her husband's crime. "I had it from the lips of the widow," is enough to draw a crowd of listeners eager for something to fan their already over-excited imaginations.

Even the Doctor is not without his share of attention, from being the one to whom the confession was originally made, and from being a particular friend of the Mansfields.

_Monday, September 9th._

The excitement in town is constantly on the increase. Poor Lucy is almost as much a prisoner as her brother. She was riding out with her children a day or two since, when some one shouted, "there goes Mrs.

Mansfield, sister to the prisoner," and a whole posse of boys ran shouting after the carriage. Such notoriety is by no means pleasing to her, and she is determined to avoid it in future. Mr. Willard, the District Attorney, who will manage the case for Allen, in behalf of the government, has grown very fast in public esteem for a few years, and is considered an uncommonly shrewd lawyer and an excellent advocate. Report says that Joseph has secured the services of an able and far famed lawyer from the city, and means to spare no expense to procure his acquittal at the coming trial, which does not take place until the fore-part of November. Mr. Willard, being on the spot, has every advantage of circ.u.mstantial testimony. He has already obtained a warrant to search the premises, and in company with a man appointed keeper by the sheriff, who served a writ attaching the whole for damages in behalf of Allen, went from room to room, examining every private drawer, desk, shelf, or crevice where such a doc.u.ment could be secreted. But it was all in vain; yet a more thorough search will be made to-morrow.

Joseph is in a shocking condition, caused by the involuntary and sudden cessation of his excess in drinking. His eyes seem ready to start from their sockets; and he is so violent in his demands for brandy, and so furious because he cannot obtain it that the jailor has been obliged to put him in irons. Mr. Colby is in a dreadful state of nervous excitement, and walks from morning till night back and forth in the small cell where he is confined. Upon one or two occasions, when Mr.

Willard, in company with a sheriff, visited him, he would not deign a reply to any question they put to him.

_Tuesday, September 10th._

Nothing whatever was found reflecting light upon this dark plot, on the most rigid examination of the whole premises. While Allen was there, a messenger came from the jailer to the sheriff for some clothes for Mr.

Colby, who complained of the dampness of his cell.

The sheriff proceeded to the room which had been occupied by him, where various articles of apparel were thrown upon the chairs and around the room just as he left them the night previous to his arrest. Having fully examined a dressing gown and cloak, and ascertained that nothing was concealed in them, he gave them to the messenger.

_Friday, September 20th._

Nothing of importance has transpired to throw light upon the all-engrossing topic. A slight suspicion was awakened in the mind of Mr.

Willard by the increasing demand for clothes by Mr. Colby, and Hon. Mr.

Marshall, the Attorney General, specially retained, gave orders that no more be sent him. Upon a re-examination, of every article of apparel in his room and wardrobe at the Hall, he has found nothing to justify such a suspicion.

But he is ever on the alert, and determined, if possible, to ferret out all the iniquitous proceedings. The daily papers are full of the most exaggerated accounts of these transactions, report of which has spread the excitement through the country.

Persons may be seen at all hours of the day walking past Lee Hall, wondering what room the prisoners occupied before their arrest, where the keeper remains, and making inquiries on these and a thousand other points of those of the neighbors and inhabitants whom they happen to meet.

_Tuesday, November 5th._

Half past seven o'clock, A. M. The all-important day has at length arrived. Even at this early hour carriage after carriage from the adjoining towns rolls by toward the court House. Men and women are seen hurrying in the same direction, all eager to gain admission to the court room. For many years, no case has excited such deep and universal interest. The vast estate involved--the great respect for the family of Mr. Mansfield--the daring plot of Joseph and Colby--the horrible cruelty of the former toward his sister, driving her from the home of her childhood, have raised the excitement to the highest pitch. My hand trembles, and my heart goes "pit-a-pat" as I think of being present at the trial. The Doctor has kindly procured a permit for me to be there as a companion of Lucy, whose heart, poor girl, is ready to faint within her. I shall endeavor to take notes that I may give you and father an account of an American trial.

_Thursday, November 7th._

On Tuesday morning, at half past eight, the Doctor came for me to go to the court. My hands were numb from excitement, and for a moment I felt inclined to remain at home; but summoning all my resolution, I stepped into the carriage, when Caesar drove to Mr. Mansfield's, took in Lucy, who looked more as if she were to be tried as a criminal, than as if she were about to inherit an estate worth a million of dollars.

When the Doctor a.s.sisted us from the carriage, and I witnessed the immense crowd standing around the ponderous doors of the court-room, my limbs trembled beneath me, and I clung convulsively to my husband's arm.

"All filled up two hours ago!"--"No room!"--"You can't get in!" were shouted by men and boys on every side. Even the constables standing with a pole at the foot of the stairs told us, we could not proceed. But the Doctor paid no sort of heed to all this. With the air and bearing of a Lenox, he walked majestically on, merely bowing to the officer and p.r.o.nouncing the word "witness;" when he stood one side to allow us to pa.s.s and to get through the crowd as best we could. I can hardly tell you how we were able to make our way up the stone steps to the room above. Sometimes the Doctor was recognized. At others, Lucy's pale face caused the eager crowd to stand yet a little closer and to allow us to press along.

At the inner door, near the head of the stairs, stood a sheriff, who on recognizing the Doctor opened the door, and we stood within the room.

Another deputy sheriff came forward and gave us a seat with the witnesses. Here my husband pointed out to me the seats of the judge, and the jury, the boxes for the criminals and the other parts of this temple of justice.

I will describe them to you. The Court-room is large; I should judge, about fifty feet by sixty. On one end of the Hall is a raised platform called the bench, and occupied by the Judges, with private entrances on each side for the convenience of the court. In front of the bench and on an elevation about half as high, is a s.p.a.ce enclosed with a railing within which are tables for the Clerk, District Attorney and Attorney General. Before this railing is a table for the reporters, at which are seated a goodly number with pen in hand, eager to catch every word of this terrible trial, and to send the report thereof by the dailies and by bulletins all over the country.

Running along on each side of the room are three banks of seats, resembling long slips or pews, and occupied by the witnesses and jury. A walk or aisle runs along at the foot of these seats. The large open area in front of the reporters and of this aisle, is circled with a railing within which are seats and small desks for members of the bar. Just beyond the railing and opposite to the Judge are boxes for the criminals with sharp iron pickets on the top. All the rest of the unoccupied s.p.a.ce was crowded on this occasion with a dense ma.s.s of spectators, some of whom had been standing ever since the opening of the Court-room.--Over the end of the Hall was a gallery densely crowded. One by one, the Jurors, Clerk, Lawyers, District Attorney, Attorney General and Judge entered and took their seats. As the large clock in the room struck nine, officers appeared leading in the prisoners.

I was obliged to put my arm around my distressed friend. She looked ready to faint; but holding strong volatile salts to her nose, she endeavored to control her feelings. Frank and myself regretted extremely that the Attorney General thought it necessary to summon her as a witness.

The court opened. The Clerk read the Docket, from which it appeared that the Grand Jury had found three bills against the prisoners at the bar; for conspiracy in obtaining property under false pretences--for wilful perjury--and for fraud.

On motion of the Attorney General, it was ordered that they should be tried upon the first of these, as it related to the primary, and princ.i.p.al crime. The Clerk called upon the prisoners to arise and attend to the indictment on which they were arraigned.

"COMMONWEALTH OF Ma.s.sACHUSETTS.

_"County of ----. At the Court of Common Pleas, begun and holden in Crawford, within the County of ----, on the first Monday, being the fourth day of November, in the year of our Lord one thousand eight hundred and forty-four._

"The Grand Jurors for the Commonwealth of Ma.s.sachusetts, upon their oath present that Joseph Lee, and Oscar Colby, gentlemen, of the town of Crawford, in the county of ----, not having the fear of G.o.d before their eyes, and being moved by an evil heart, and seduced by the instigations of the devil, on or about the first day of November, in the year of our Lord one thousand eight hundred and thirty-seven, in the town, county and commonwealth aforesaid, did wilfully and maliciously conspire together to secrete or destroy the last will and testament of one Joseph Lee deceased, of said town, county and commonwealth aforesaid. And did thereby feloniously and wilfully arrest the course of justice in the settlement of the estate of the deceased Joseph Lee, by setting up, and subsequently executing as his last will and testament, a will prior to his last, and thereby defrauding his legal heir or heirs, and so the Jurors upon their oath aforesaid do say that the said Joseph Lee, and Oscar Colby then and there, in the manner aforesaid, did commit the crime of conspiracy as aforesaid, against the peace of the Commonwealth aforesaid, and the laws in such cases made and provided.

_A true bill._

James Frothingham, Foreman.

John Marshall, Attorney General."

To this indictment the prisoners plead "_not guilty_." The Clerk then proceeded to impanel the jury.

Moses Willard, District Attorney, appeared and took his seat. The counsellors for the defendants were Edgar Burke, and Sylva.n.u.s Curtiss.

_Clerk of the Court._ "Gentlemen of the Jury, hearken to the indictment found against Joseph Lee, and Oscar Colby."

Here the Clerk read the indictment to the Jury, when he continued: "To this indictment, the defendants have plead not guilty, and have put themselves on the country, which country you are, and you are now sworn to try the issue."

_District Attorney._ "You perceive, Gentlemen of the Jury, by the indictment that has been read to you that Joseph Lee and Oscar Colby are charged by the Grand Jury of the body of this county with conspiracy to defraud, a crime punishable with the severest penalties of the law, and alleged by the indictment to have been committed by them feloniously, wilfully and maliciously. I need not portray to you the sad consequences which have already resulted from this villany.

"We intend to prove that the prisoners at the bar did at the time and place specified in the indictment, conspire together to destroy the last will and testament of one Joseph Lee deceased, and to set up as his last will and testament, a will prior to his last, and did thereby deprive his dutiful daughter of her patrimony,--a daughter who had for years administered to her sick father's necessities, smoothing by her affectionate care his pa.s.sage to the grave; and that they drove her from the home of her childhood and youth on the very eve of her deceased father's burial, rendering her houseless, and shelterless, but for the protecting arm of her newly wedded companion.

"We intend to prove the sad consequences of this crime to the prisoners themselves."

_Mr. Curtiss._ "Your Honor, I must object to this appeal to personal sympathy, and personal prejudice."

_District Attorney._ "Your Honor, I beg not to be interrupted. I was only stating what the prosecution intend to prove. I was specifying the consequences of crime to the prisoners at the bar; but I forbear. The bloated face, and blood-shot eyes of the one, and the ghastly pallor of the other, speak far more than any words I could utter.