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THE WAYS OF THE HOUR
“But why Madame at all? Why not Mademoiselle?”
“It would be very vulgar to say `Yes, Miss,’ in English.”
“To be sure it would; but it is very different in French. One
can say must say Mademoiselle to a young unmarried female
in that language; though it be vulgar to say Miss, without the
name, in English. French, you know, Anna, is a much more
precise language than our own; and those who speak it, do not
take the liberties with it that we take with the English. Ma-
dame always infers a married woman; unless, indeed, it be with
a woman a hundred years old.”
“No French woman is ever that, John but it is odd that Marie Moulin, who so well understands the usages of her own
little world, should have said Madame to a démoiselle. Have I
not heard, nevertheless, that Marie’s first salutation, when she
was admitted to the gaol, was a simple exclamation of `Mademoiselle?” ‘
“That is very true; for I heard it myself. What is more, that
exclamation was almost as remarkable as this; French servants
always adding the name under such circumstances, unless
they are addressing their own particular mistresses. Madame,
and Mademoiselle, are appropriated to those they serve; while
it is Mademoiselle this, or Madame that, to every one else.”
“And now she calls her Mademoiselle or Madame! It only
proves that too much importance is not to be attached to Marie Moulin’s saying and doings.”
“I’m not so sure of that. Marie has been three years in this
country, as we all know. Now the young person that she left a
Mademoiselle might very well have become a Madame in that
interval of time. When they met, the domestic may have used
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JAMES FENIMORE COOPER
the old and familiar term in her surprise; or she may not have
known of the lady’s marriage. Afterwards, when there had
been leisure for explanations between them, she gave her mistress her proper appellation.”
“Does she habitually say Madame now, in speaking to this
singular being?”
“Habitually she is silent. Usually she remains in the cell,
when any one is with Miss or Mrs. Monson, perhaps I ought to
say” John used this last term with a strong expression of spite,
which gave his companion a suppressed but infinite delight
“but when any one is with the mistress, call her what you will,
the maid commonly remains in the dungeon or cell. Owing to
this, I have never been in the way of hearing the last address
the first, except on the two occasions named. I confess I begin
to think”
“What, John?
“Why, that our Miss Monson may turn out to be a married
woman, after all.” “She is very young, is she not? Almost too
young to be a wife?”
“Not at all! What do you call too young? She is between
twenty and twenty – two or three. She may even be twenty –
five or six.”
Anna sighed, though almost imperceptibly to herself; for
these were ages that well suited her companion, though the
youngest exceeded her own by a twelvemonth. Little more,
however, was said on the subject at that interview.
It is one of the singular effects of the passion of love, more
especially with the generous – minded and just of the female
sex, that a lively interest is often awakened in behalf of a successful or favoured rival. Such was now the fact as regards the
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THE WAYS OF THE HOUR
feeling that Anna Updyke began to entertain towards Mary
Monson. The critical condition of the lady would of itself excite interest where it failed to produce distrust; but, the circumstance that John Wilmeter saw so much to admire in this
unknown female, if he did not actually love her, gave her an
importance in the eyes of Anna that at once elevated her into
an object of the highest interest. She was seized with the liveliest desire to see the accused, and began seriously to reflect on
the possibility of effecting such an end. No vulgar curiosity
was mingled with this new – born purpose; but, in addition
to the motives that were connected with John’s state of mind,
there was a benevolent and truly feminine wish, on the part of
Anna, to be of service to one of her own sex, so cruelly placed,
and cut off, as it would seem, from all communication with
those who should be her natural protectors and advisers.
Anna Updyke gathered, through that which had fallen
from Wilmeter and his sister, that the intercourse between
the former and his interesting client had been of the most
reserved character; therein showing a discretion and self –
respect on the part of the prisoner, that spoke well for her
education and delicacy. How such a woman came to be in the
extraordinary position in which she was placed, was of course
as much a mystery to her as to all others; though, like every
one else who knew aught of the case, she indulged in conjectures of her own on the subject. Being of a particularly natural
and frank disposition, without a particle of any ungenerous
or detracting quality, and filled with woman’s kindness in her
very soul, this noble – minded young woman began now to
feel far more than an idle curiosity in behalf of her who had
so lately caused herself so much pain, not to say bitterness of
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JAMES FENIMORE COOPER
anguish. All was forgotten in pity for the miserable condition
of the unconscious offender; unconscious, for Anna was sufficiently clear – sighted and just to see and to admit that, if
John had been led astray by the charms and sufferings of this
stranger, the fact could not rightfully be imputed to the last,
as a fault. Every statement of John’s went to confirm this act of
justice to the stranger.
Then, the unaccountable silence of Marie Moulin doubled
the mystery and greatly increased the interest of the whole affair. This woman had gone to Biberry pledged to communicate
to Sarah all she knew or might learn, touching the accused;
and well did Anna know that her friend would make her the
repository of her own information, on this as well as on other
subjects; but a most unaccountable silence governed the course
of the domestic, as well as that of her strange mistress. It really
seemed that, in passing the principal door of the gaol, Marie
Moulin had buried herself in a convent, where all communication with the outer world was forbidden. Three several letters from Sarah had John handed in at the grate, certain that
they must have reached the hands of the Swiss; but no answer
had been received. All attempts to speak to Marie were quietly, but most ingeniously evaded, by the tact and readiness of
the prisoner; and the hope of obtaining information from that
source was abandoned by Sarah, who was too proud to solicit a
servant for that which the last was reluctant to communicate.
With Anna the feeling was different. She had no curiosity on
the subject, separated from a most generous and womanly concern in the prisoner’s forlorn state; and she thought far less of
Marie Moulin’s disrespect and forgetfulness of her word, than
of Mary Monson’s desolation and approaching trial.
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CHAPTER XIII
Was it for this we sent out
Liberty’s cry from our shore?
Was it for this that her shout
Thrill’d to the world’s very core?
Moore’s National Airs.
The third day after the interviews just related, the whole
party left Rattletrap for Timbully, where their arrival was
expected by the bride and bridegroom, if such terms can be
applied to a woman of forty – five and a man of sixty. The
Duke’s county circuit and oyer and terminer were about to be
held, and it was believed that Mary Monson was to be tried.
By this time so lively an interest prevailed among the ladies
of the McBrain and Dunscomb connections in behalf of the
accused, that they had all come to a determination to be present in court. Curiosity was not so much at the bottom of this
movement as womanly kindness and sympathy. There seemed
a bitterness of misery in the condition of Mary Monson, that
appealed directly to the heart; and that silent but eloquent
appeal was answered, as has just been stated, generously and
with warmth by the whole party from town. With Anna Updyke the feeling went materially farther than with any of her
friends. Strange as it may seem, her interest in John increased
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JAMES FENIMORE COOPER
that which she felt for his mysterious client; and her feelings
became enlisted in the stranger’s behalf, so much the more, in
consequence of this triangular sort of passion.
The morning of the day on which the party crossed the
country from Rattletrap to Timbully, Timms arrived at the latter place. He was expected, and was soon after closeted with
the senior counsel in the pending and most important cause.
“Does the District Attorney intend to move for the trial?”
demanded Dunscomb, the instant the two were alone. “He
tells me he does, sir; and that early in the week, too. It is my
opinion we should go for postponement. We are hardly ready,
while the State is too much so.”
“I do not comprehend this, Timms. The law – officers of
the public would hardly undertake to run down a victim, and
she a solitary and unprotected woman!”
“That’s not it. The law – officers of the State don’t care a
straw whether Mary Monson is found guilty or is acquitted.
That is, they care nothing about it at present. The case may be
different when they are warmed up by a trial and opposition.
Our danger comes from Jesse Davis, who is a nephew of Peter
Goodwin, his next of kin and heir, and who thinks a great deal
of money was hoarded by the old people; much more than the
stocking ever held or could hold, and who has taken it into his
wise head that the prisoner has laid hands on this treasure,
and is carrying on her defence with his cash. This has roused
him completely, and he has retained two of the sharpest counsel on our circuit, who are beginning to work as if the bargain
has been clenched in the hard metal. Williams has given me
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THE WAYS OF THE HOUR
a great deal of trouble already. I know him; he will not work
without pay; but pay him liberally, and he is up to anything.”
“Ay, you are diamond cut diamond, Timmsoutsiders in the
profession. You understand that I work only in the open court,
and will know nothing of this out – door management.”
“We do not mean to let you know anything about it,
‘Squire,” returned Timms, drily. “Each man to his own manner of getting along. I ought to tell you, however, it has got out
that you are working without a fee, while I am paid in the most
liberal manner.”
“I am sorry for that. There is no great harm in the thing
itself; but I dislike the parade of seeming to be unusually generous. I do not remember to have spoken of this circumstance
where it would be likely to be repeated; and I beg you will be
equally discreet.”
“The fact has not come from me, I can assure you, sir. It
puts me in too awkward a position to delight me; and I make
it a point to say as little as possible of what is disagreeable. I
do not relish the idea of being thought selfish by my future
constituents. Giniros’ty is my cue before them. But they say you
work for love, sir.”
“Love!” answered Dunscomb, quickly”Love of what? or of
whom?”
“Of your client that’s the story now. It is said that you
admire Miss Monson; that she is young, and handsome, and
rich; and she is to marry you, if acquitted. If found guilty and
hanged, the bargain is off, of course. You may look displeased,
‘Squire; but I give you my word such is the rumour.”
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JAMES FENIMORE COOPER
Dunscomb was extremely vexed; but he was too proud
to make any answer. He knew that he had done that which,
among the mass of this nation, is a very capital mistake, in not
placing before its observation an intelligible motive one on the
level of the popular mind to prevent these freaks of the fancy
dealing with his affairs. It is true, that the natural supposition
would be that he worked for his fee, as did Timms, had not
the contrary got out; when he became subject to all the crude
conjectures of those who ever look for the worst motives for
everything. Had he been what is termed a favourite public servant, the very reverse would have been the case, and there was
little that he might not have done with impunity; but, having
no such claims on the minds of the mass, he came under the
common law which somewhat distinguishes their control. Too
much disgusted, however, to continue this branch of the subject, the worthy counsellor at once adverted to another.
“Have you looked over the list of the jurors, Timms?” he
demanded, continuing to sort his papers.
“That I never fail to do, sir, the first thing. It’s my brief, you
know, ‘Squire Dunscomb. All safe York law, now – a – days, is
to be found in that learned body; especially in criminal cases.
There is but one sort of suit in which the jury counts for nothing, and might as well be dispensed with.”
“Which is?”
“An ejectment cause. It’s not one time in ten that they understand anything about the matter, or care anything about
it; and the court usually leads in those actions but our Duke’s
county juries are beginning to understand their powers in all
others.”
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THE WAYS OF THE HOUR
“What do you make of the list?”
“It’s what I call reasonable, ‘Squire. There are two men on
it who would not hang Cain, were he indicated for the murder
of Abel.”
“Quakers, of course?”
“Not they. The time was when we were reduced to the
`thee’s’ and the `thou’s’ for this sort of support; but philanthropy is abroad, sir, covering the land. Talk of the schoolmaster! Why, ‘Squire, a new philanthropical idee will go two feet
to the schoolmaster’s one. Pro – nigger, anti – gallows, eternal peace, woman’s rights, the people’s power, and anything of
that sort, sweeps like a tornado through the land. Get a juror
who has just come into the anti – gallows notion, and I would
defy the State to hang a body – snatcher who lived by murdering his subjects.”
“And you count on two of these partisans for our case?”
“Lord no, sir. The District Attorney himself knows them
both; and Davis’s counsel have been studying that list for the
last week, as if it were Blackstone in the hands of a new beginner. I can tell you, ‘Squire Dunscomb, that the jury – list is a
most important part of a case out here in the country!”
“I am much afraid it is, Timms; though I never examined
one in my life.”
“I can believe you, sir, from what I have seen of your practice. But principles and facts won’t answer in an age of the
world when men are ruled by talk and prejudice. There is not
a case of any magnitude tried, now – a – days, without paying proper attention to the jury. We are pretty well off, on the
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JAMES FENIMORE COOPER
whole; and I am tolerably sanguine of a disagreement, though
I fear an acquittal is quite out of the question.”
“You rely on one or two particularly intelligent and disinterested men, ha! Timms?”
“I rely on five or six particularly ignorant and heated partisans, on the contrary; men who have been reading about the
abolishing of capital punishments, and who in gin’ral, because
they’ve got hold of some notions that have been worn out as
far back as the times of the Cæsars, fancy themselves philosophers and the children of progress. The country is getting to be
full of what I call donkeys and racers; the donkey is obstinate,
and backs going up hill; while the racers will not only break
their own necks, but those of their riders too, unless they hold
up long before they reach their goal.”
“I did not know, Timms, that you think so much on such
subjects. To me, you have always appeared to be a purely working – man no theorist.”
“It is precisely because I am a man of action, and live in
the world, and see things as they were meant to be seen, that
I laugh at your theorists. Why, sir, this country, in my judgment, for the time being, could much better get along without preaching, than without hanging. I don’t say always; for
there is no telling yet what is to be the upshot of preaching. It
may turn out as many think; in which case human natur’ will
undergo a change that will pretty much destroy our business.
Such a state of things would be worse for the bar, ‘Squire, than
the Code, or the last fee – bill.”
“I’m not so sure of that, Timms; there are few things worse
than this infernal Code.”
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