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Файл:The Ways of The Hour
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THE WAYS OF THE HOUR
not feel or understand the consequences of their own deeds,
and have a pleasure in asserting a seeming independence, and
of appearing to think and act for themselves. Under such a regime it is self – apparent that principles and law must suffer;
and so the result proves daily, if not hourly. The institution of
the jury, one of very questionable utility in its best aspects in a
country of really popular institutions, becomes nearly intolerable, unless the courts exercise a strong and salutary influence
on the discharge of its duties. This influence, unhappily, has
been gradually lessening among us for the last half century,
until it has reached a point where nothing is more common
than to find the judge charging the law one way, and the jury
determining it another. In most cases, it is true, there is a remedy for this abuse of power, but it is costly, and ever attended
with that delay in hope “which maketh the heart sick.” Any
one, of even the dullest apprehension, must, on a little reflection, perceive that a condition of things in which the ends of
justice are defeated, or so procrastinated as to produce the results of defeat, is one of the least desirable of all those in which
men can be placed under the social compact; to say nothing of
its corrupting and demoralizing effects on the public mind.
All this Dunscomb saw, more vividly, perhaps, than most
others of the profession, for men gradually get to be so accustomed to abuses as not only to tolerate them, but to come to
consider them as evils inseparable from human frailty. It was
certain, however, that while our worthy counsellor so far submitted to the force of things as frequently to close his eyes to
Timms’s manoeuvres, a weakness of which nearly every one
is guilty who has much to do with the management of men
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JAMES FENIMORE COOPER
and things, he was never known to do aught himself that was
unworthy of his high standing and well – merited reputation
at the bar. There is nothing unusual in this convenient compromise between direct and indirect relations with that which
is wrong.
It had early been found necessary to employ local coun-
sel in Mary Monson’s case, and Timms was recommended by
his old master as one every way suited to the particular offices
needed. Most of the duties to be performed were strictly legal; though it is not to be concealed that some soon presented
themselves that would not bear the light. John Wilmeter communicated to Timms the particular state of the testimony, as
he and Michael Millington had been enabled to get at it; and
among other things he stated his conviction that the occupants
of the farm nearest to the late dwelling of the Goodwins were
likely to prove some of the most dangerous of the witnesses
against their client. This family consisted of a sister – in – law,
the Mrs. Burton already mentioned, three unmarried sisters,
and a brother, who was the husband of the person first named.
On this hint Timms immediately put himself in communication with these neighbours, concealing from them, as well as
from all others but good Mrs. Gott, that he was retained in the
case at all.
Timms was soon struck with the hints and half – revealed
statements of the persons of this household; more especially
with those of the female portion of it. The man appeared to
him to have observed less than his wife and sisters; but even
he had much to relate, though, as Timms fancied, more that he
had gleaned from those around him, than from his own obser-
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THE WAYS OF THE HOUR
vations. The sisters, however, had a good deal to say; while the
wife, though silent and guarded, seemed to this observer, as
well as to young Millington, to know the most. When pressed
to tell all, Mrs. Burton looked melancholy and reluctant, frequently returning to the subject of her own accord when it had
been casually dropped, but never speaking explicitly, though
often invited so to do. It was not the cue of the counsel for the
defence to drag out unfavourable evidence; and Timms employed certain confidential agents, whom he often used in the
management of his causes, to sift this testimony as well as it
could be done without the constraining power of the law. The
result was not very satisfactory, in any sense, more appearing
to be suppressed than was related. It was feared that the legal
officers of the State would meet with better success.
The investigations of the junior counsel did not end here.
He saw that the public sentiment was setting in a current so
strongly against Mary Monson, that he soon determined to
counteract it, as well as might be, by producing a reaction. This
is a very common, not to say a very powerful agent, in the management of all interests that are subject to popular opinion, in
a democracy. Even the applicant for public favour is none the
worse for beginning his advances by “a little aversion,” provided he can contrive to make the premeditated change in his
favour take the aspect of a reaction. It may not be so easy to account for this caprice of the common mind, as it is certain that
it exists. Perhaps we like to yield to a seeming generosity, have
a pleasure in appearing to pardon, find a consolation for our
own secret consciousness of errors, in thus extending favour
to the errors of others, and have more satisfaction in prefer-
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JAMES FENIMORE COOPER
ring those who are fallible, than in exalting the truly upright
and immaculate; if, indeed, any such there be. Let the cause be
what it may, we think the facts to be beyond dispute; and so
thought Timms also, for he no sooner resolved to counteract
one public opinion by means of another, than he set about the
task with coolness and intelligence in short, with a mixture of
all the good and bad qualities of the man.
The first of his measures was to counteract, as much as
he could, the effects of certain paragraphs that had appeared
in some of the New York journals. A man of Timms’s native
shrewdness had no difficulty in comprehending the more
vulgar moral machinery of a daily press. Notwithstanding its
`we’s,’ and its pretension to represent public opinion, and to
protect the common interests, he thoroughly understood it
was merely one mode of advancing the particular views, sustaining the personal schemes, and not unfrequently of gratifying the low malignity of a single individual; the press in
America differing from that of nearly all other countries in
the fact that it is not controlled by associations, and does not
reflect the decisions of many minds, or contend for principles
that, by their very character, have a tendency to elevate the
thoughts. There are some immaterial exceptions as relates to
the latter characteristic, perhaps, principally growing out of
the great extra – constitutional question of slavery, that has
quite unnecessarily been drawn into the discussions of the
times through the excited warmth of zealots; but, as a rule, the
exciting political questions that elsewhere compose the great
theme of the newspapers, enlarging their views, and elevating their articles, may be regarded as settled among ourselves.
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THE WAYS OF THE HOUR
In the particular case with which Timms was now required to
deal, there was neither favour nor malice to counteract. The
injustice, and a most cruel injustice it was, was merely in catering to a morbid desire for the marvellous in the vulgar, which
might thus be turned to profit.
Among the reporters there exists the same diversity of
qualities as among other men, beyond a question; but the tendency of the use of all power is to abuse; and Timms was perfectly aware that these men had far more pride in the influence they wielded, than conscience in its exercise. A ten or a
twenty dollar note, judiciously applied, would do a great deal
with this “Palladium of our Liberties,” there being at least a
dozen of these important safeguards interested in the coming trialour associate counsel very well knew; and Dunscomb
suspected that some such application of the great persuader
had been made, in consequence of one or two judicious and
well – turned paragraphs that appeared soon after the consultation. But Timms’s management of the press was mainly
directed to that of the county newspapers. There were three of
these; and as they had better characters than most of the Manhattanese journals, so were they more confided in. It is true,
that the whig readers never heeded in the least anything that
was said in “The Duke’s County Democrat;” but the friends
of the last took their revenge in discrediting all that appeared
in the columns of the Biberry Whig. In this respect, the two
great parties of the country were on a par; each manifesting a
faith that, in a better cause, might suffice to move mountains;
and, on the other hand, an unbelief that drove them into the
dangerous folly of disregarding their foes. As Mary Monson
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JAMES FENIMORE COOPER
had nothing to do with politics, it was not difficult to get suitable paragraphs inserted in the hostile columns, which was
also done within eight – and – forty hours after the return of
the junior counsel to his own abode.
Timms, however, was far from trusting to the newspapers
alone. He felt that it might be well enough to set `fire to fight
fire;’ but his main reliance was on the services that could be
rendered by a timely and judicious use of “the little member.”
Talkers was what he wanted; and well did he know where to
find them, and how to get them at work. A few he paid in a direct, business – like way; taking no vouchers for the sums bestowed, the reader may be assured; but entering each item carefully in a little memorandum – book kept for his own private
information. These strictly confidential agents went to work
with experieneed discretion but great industry, and soon had
some ten or fifteen fluent female friends actively engaged in
circulating “They says,” in their respective neighbourhoods.
Timms had reflected a great deal on the character of the
defence it might be most prudent to get up and enlarge on.
Insanity had been worn out by too much use of late; and he
scarce gave that plea a second thought. This particular means
of defence had been discussed between him and Dunscomb, it
is true; but each of the counsel felt a strong repugnance against
resorting to it; the one on account of his indisposition to rely
on anything but the truth; the other, to use his own mode of
expressing himself on the occasion in question, because he
“believed that jurors could no longer be humbugged with that
plea. There have been all sorts of madmen and madwomen”
“Gentlemen and lady murderers” put in Dunscomb, drily.
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THE WAYS OF THE HOUR
“I ask your pardon, ‘Squire; but, since you give me the use
of my nose, I will offend as little as possible with the tongue
though, I rather conclude” a form of expression much in favour with Timms “that should our verdict be `guilty,’ you will
be disposed to allow there may be one lady criminal in the
world.”
“She is a most extraordinary creature, Timms; bothers me
more than any client I ever had!”
“Indeed! Waal, I had set her down as just the contrary for
to me she seems to be as unconcerned as if the wise four –
and – twenty had not presented her to justice in the name of
the people.”
“It is not in that sense that I am bothered no client ever
gave counsel less trouble than Mary Monson in that respect.
To me, Timms, she does not appear to have any concern in
reference to the result.”
“Supreme innocence, or a well – practised experience. I
have defended many a person whom I knew to be guilty, and
two or three whom I believed to be innocent; but never before
had as cool a client as this!”
And very true was this. Even the announcement of the pre-
sentment by the grand jury appeared to give Mary Monson
no great alarm. Perhaps she anticipated it from the first, and
had prepared herself for the event, by an exercise of a firmness little common to her sex until the moments of extreme
trial, when their courage would seem to rise with the occasion.
On her companion, whom Timms had so elegantly styled her
`Lady Friend,’ certainly as thoroughly vulgar an expression
as was ever drawn into the service of the heroics in gentility,
warm – hearted and faithful Marie Moulin, the intelligence
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JAMES FENIMORE COOPER
produced far more effect. It will be remembered that Wilmeter
overheard the single cry of “Mademoiselle” when this Swiss
was first admitted to the gaol; after which an impenetrable
veil closed around their proceedings. The utmost good feeling and confidence were apparent in the intercourse between
the young mistress and her maid; if, indeed, Marie might thus
be termed, after the manner in which she was treated. So far
from being kept at the distance which it is usual to observe
towards an attendant, the Swiss was admitted to Mary Monson’s table; and to the eyes of indifferent observers she might
very well pass for what Timms had so elegantly called a “lady
friend.” But Jack Wilmeter knew too much of the world to be
so easily misled. It is true, that when he paid his short visits to
the gaol, Marie Moulin sat sewing at the prisoner’s side, and
occasionally she even hummed low, national airs while he was
present; but knowing the original condition of the maid – servant, our young man was not to be persuaded that his uncle’s
client was her peer, any more than were the jurors who, agreeably to that profound mystification of the common law, are
thus considered and termed. Had not Jack Wilmeter known
the real position of Marie Moulin, her “Mademoiselle” would
have let him deeper into the secrets of the two than it is probable either ever imagined. This word, in common with those
of “Monsieur” and “Madame,” are used, by French servants,
differently from what they are used in general society. Unaccompanied by the names, the domestics of France commonly
and exclusively apply them to the heads of families, or those
they more immediately serve. Thus, it was far more probable
that Marie Moulin, meeting a mere general acquaintance in
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THE WAYS OF THE HOUR
the prisoner, would have called her “Mademoiselle Marie,”
or “Mademoiselle Monson,” or whatever might be the name
by which she had known the young lady, than by the general
and still more respectful appellation of “Mademoiselle.” On
this peculiarity of deportment Jack Wilmeter speculated profoundly; for a young man who is just beginning to submit to
the passion of love is very apt to fancy a thousand things that
he would never dream of seeing in his cooler moments. Still,
John had fancied himself bound in the spells of another, until
this extraordinary client of his uncle’s so unexpectedly crossed
his path. Such is the human heart.
Good and kind – hearted Mrs. Gott allowed the prisoner
most of the privileges that at all comported with her duty. Increased precautions were taken for the security of the accused,
as soon as the presentment of the grand jury was made, by a
direct order from the court; but, these attended to, it was in
the power of her whom Timms might have called the “lady
sheriff,” to grant a great many little indulgences, which were
quite cheerfully accorded, and, to all appearances, as gratefully
accepted.
John Wilmeter was permitted to pay two regular visits at
the grate each day, and as many more as his ingenuity could
invent plausible excuses for making. On all occasions Mrs.
Gott opened the outer door with the greatest good will; and,
like a true woman as she is, she had the tact to keep as far
aloof from the barred window where the parties met, as the
dimensions of the outer room would allow. Marie Moulin was
equally considerate, generally plying her needle at such times,
in the depth of the cell, with twice the industry manifested
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JAMES FENIMORE COOPER
on other occasions. Nevertheless, nothing passed between the
young people that called for this delicate reserve. The conversation, it is true, turned as little as possible on the strange and
awkward predicament of one of the colloquists, or the employment that kept the young man at Biberry. Nor did it turn at
all on love. There is a premonitory state in these attacks of the
heart, during which skilful observers may discover the symptoms of approaching disease, but which do not yet betray the
actual existence of the epidemic. On the part of Jack himself, it
is true that these symptoms were getting to be not only somewhat apparent, but they were evidently fast becoming more
and more distinct; while, on the part of the lady, any one disposed to be critical might have seen that her colour deepened,
and there were signs of daily increasing interest in them, as
the hours for these interviews approached. She was interested
in her young legal adviser; and interest, with women, is the
usual precursor of the master – passion. Wo betide the man
who cannot interest, but who only amuses!
Although so little to the point was said in the short dia-
logues between Wilmeter and Mary Monson, there were dialogues held with the good Mrs. Gott, by each of the parties
respectively, in which less reserve was observed; and the heart
was permitted to have more influence over the movements of
the tongue. The first of these conversations that we deem it
necessary to relate, that took place after the presentment, was
one that immediately succeeded an interview at the barred
window, and which occurred three days subsequently to the
consultation in town, and two after Timms’s machinery was
actively at work in the county.
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