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THE WAYS OF THE HOUR
pressly to discharge a delegated authority being obliged, by
clamours sustained by all the arts of cupidity and fraud, to
defer to the passing opinions of the hour. No one knew this
better than Timms, who had just as lively a recollection as his
opponent that this very judge was to come before the people,
in the next autumn, as a candidate for re – election. The great
strain of American foresight was consequently applied to this
man’s conscience, who, over – worked and under – paid, was
expected to rise above the weaknesses of humanity, as a sort of
sublimated political theory that is getting to be much in fashion, and which, if true, would supersede the necessity of any
court or any government at all. Timms knew this well, and was
not to be restrained by one who was thus stretched, as it might
be, on the tenter – hooks of political uncertainty.
“Yes, your honour,” retorted this indomitable individual,
“I am fully aware of its impropriety, and was just as much so
when the counsel for the prosecution was carrying it on to
the injury of my client; I might say almost unchecked, if not
encouraged.”
“The court did its best to stop Mr. Williams, sir; and must
do the same to keep you within the proper limits of practice.
Unless these improprieties are restrained, I shall confine the
counsel for the State to the regular officer, and assign new
counsel to the accused, as from the court.”
Both Williams and Timms looked amused at this menace,
neither having the smallest notion the judge dare put such
a threat in execution. What! presume to curb licentiousness
when it chose to assume the aspect of human rights? This was
an act behind the age, more especially in a country in which
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JAMES FENIMORE COOPER
liberty is so fast getting to be all means, with so very little regard to the end.
A desultory conversation ensued, when it was finally settled that the trial must be postponed until the arrival of the
counsel expected from town. From the beginning of the discussion, Williams knew such must be the termination of that
day’s work; but he had accomplished two great objects by his
motion. In the first place, by conceding delay to the accused,
it placed the prosecution on ground where a similar favour
might be asked, should it be deemed expedient. This resisting of motions for delay is a common ruse of the bar, since it
places the party whose rights are seemingly postponed in a
situation to demand a similar concession. Williams knew that
his case was ready as related to his brief, the testimony, and
all that could properly be produced in court; but he thought
it might be strengthened out of doors, among the jurors and
the witnesses. We say, the witnesses; because even this class
of men get their impressions, quite frequently, as much from
what they subsequently hear, as from what they have seen and
know. A good reliable witness, who relates no more than he
actually knows, conceals nothing, colours nothing, and leaves
a perfectly fair impression of the truth, is perhaps the rarest
of all the parties concerned in the administration of justice.
No one understood this better than Williams; and his agents
were, at that very moment, actively employed in endeavouring to persuade certain individuals that they knew a great deal
more of the facts connected with the murders, than the truth
would justify. This was not done openly or directly; not in a
way to alarm the consciences or pride of those who were to be
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THE WAYS OF THE HOUR
duped, but by the agency of hints, and suggestions, and plausible reasonings, and all the other obvious devices, by means
of which the artful and unprincipled are enabled to act on the
opinions of the credulous and inexperienced.
While all these secret engines were at work in the streets
of Biberry, the external machinery of justice was set in motion
with the usual forms. Naked, but business – like, the blind
goddess was invoked with what is termed “republican simplicity,” one of the great principles of which, in some men’s
estimation, is to get the maximum of work at the minimum
of cost. We are no advocates for the senseless parade and ruthless expenditure ruthless, because extracted from the means
of the poor with which the governments of the old world have
invested their dignity; and we believe that the reason of men
may be confided in, in managing these matters, to a certain
extent; though not to the extent that it would seem to be the
fashion of the American theories, to be desirable. Wigs of all
kinds, even when there is a deficiency of hair, we hold in utter
detestation; and we shall maintain that no more absurd scheme
of clothing the human countenance with terror was ever devised, than to clothe it with flax. Nevertheless, as comfort, decency and taste unite in recommending clothing of some sort
or other, we do not see why the judicial functionary should not
have his appropriate attire as well as the soldier, the sailor, or
the priest. It does not necessarily follow that extravagances are
to be imitated if we submit to this practice; though we incline
to the opinion that a great deal of the nakedness of “republican simplicity,” which has got to be a sort of political idol in
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JAMES FENIMORE COOPER
the land, has its origin in a spirit that denounces the past as a
species of moral sacrifice to the present time.
Let all this be as it may, it is quite certain that “republican simplicity” the slang lever by means of which the artful
move the government has left the administration of justice
among us, so far as externals are concerned, as naked as may
be. Indeed, so much have the judges become exposed to sinister influences, by means of the intimacies with which they
are invested by means of “republican simplicity,” that it has
been found expedient to make a special provision against undue modes of approaching their ears, all of which would have
been far more efficiently secured by doubling their salaries,
making a respectable provision for old age in the way of pensions, and surrounding them with such forms as would keep
the evil – disposed at a reasonable distance. Neither Timms
nor “saucy Williams,” however, reasoned in this fashion. They
were, in a high degree, practical men, and saw things as they
are; not as they ought to be. Little was either troubled with
theories, regrets, or principles. It was enough for each that he
was familiar with the workings of the system under which he
lived; and which he knew how to pervert in a way the most
likely to effect his own purposes.
The reader may be surprised at the active pertinacity with
which Williams pursued one on trial for her life; a class of persons with whom the bar usually professes to deal tenderly and
in mercy. But the fact was that he had been specially retained
by the next of kin, who had large expectations from the abstracted hoards of his aunt; and that the fashion of the day had
enabled him to achieve such a cent per cent bargain with his
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THE WAYS OF THE HOUR
client, as caused his own compensation altogether to depend
on the measure of his success. Should Mary Monson be sentenced to the gallows, it was highly probable her revelations
would put the wronged in the way of being righted, when this
limb of the law would, in all probability, come in for a full
share of the recovered gold. How different all this was from
the motives and conduct of Dunscomb, the reader will readily perceive; for, while the profession in this country abounds
with Williams’s and Timms’s, men of the highest tone of feeling, the fairest practice, and the clearest perceptions of what is
right, are by no means strangers to the bar.
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CHAPTER XVIII
“Thou hast already racked me with thy stay;
Therefore require me not to ask thee twice:
Reply at once to all. What is concluded?”
Mourning Bride.
During the interval between the occurrence of the scene in
court that has just been related, and the appearance of Dunscomb at Biberry, the community was rapidly taking sides on
the subject of the guilt or innocence of Mary Monson. The windows of the gaol were crowded all day; throngs collecting there
to catch glimpses of the extraordinary female, who was rightly
enough reported to be living in a species of luxury in so unusual
a place, and who was known to play on an instrument that the
popular mind was a good deal disposed to regard as sacred.
As a matter of course, a hundred stories were in circulation, touching the character, history, sayings and doings of this
remarkable person, that had no foundation whatever in truth;
for it is an infirmity of human nature to circulate and place
its belief in falsehoods of this sort; and more especially of human nature as it is exhibited in a country where care has been
taken to stimulate the curiosity of the vulgar, without exactly
placing them in a condition to appease its longings, either intelligently or in a very good taste.
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THE WAYS OF THE HOUR
This interest would have been manifested, in such a case,
had there been no particular moving cause; but the secret
practices of Williams and Timms greatly increased its intensity, and was bringing the population of Duke’s to a state of
excitement that was very little favourable to an impartial administration of justice. Discussions had taken place at every
corner, and in all the bar – rooms; and many were the alleged
facts connected with the murders, which had their sole existence in rumour, that was adduced in the heat of argument,
or to make out a suppositious case. All this time, Williams was
either in court, attending closely to his different causes, or was
seen passing between the court – house and the tavern, with
bundles of papers under his arms, like a man absorbed in business. Timms played a very similar part, though he found leisure to hold divers conferences with several of his confidential
agents. Testimony was his aim; and, half a dozen times, when
he fancied himself on the point of establishing something new
and important, the whole of the ingenious fabric he had reared
came tumbling about his ears, in consequence of some radical
defect in the foundation.
Such was the state of things on the evening of Wednesday,
the day preceding that which had been set down for the trial,
when the stage arrived bringing “’Squire Dunscomb,” his carpetbags, his trunk, and his books. McBrain shortly after drove
up in his own carriage; and Anna was soon in her mother’s
arms. The excitement, so general in the place, had naturally
enough extended to these females; and Mrs. McBrain and her
daughter were soon closeted, talking over the affair of Mary
Monson.
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JAMES FENIMORE COOPER
About eight that evening, Dunscomb and Timms were
busy, looking over minutes of testimony, briefs, and other
written documents that were connected with the approaching
trial. Mrs. Horton had reserved the best room in her house for
this distinguished counsel; an apartment in a wing that was
a good deal removed from the noise and bustle of a leading
inn, during a circuit. Here Dunscomb had been duly installed,
and here he early set up “his traps,” as he termed his flesh –
brushes, sponges, briefs, and calfskin – covered volumes. Two
tallow candles threw a dim, lawyer – like light on the scene;
while unrolled paper – curtains shut out as much of night as
such an imperfect screen could exclude. The odour of segars
excellent Havannas, by the way was fragrant in the place; and
one of the little fountains of smoke was stuck knowingly in
a corner of the eminent counsel’s mouth, while Timms had
garnished his skinny lips with the short stump of a pipe. Neither said anything; one of the parties presenting documents
that the other read in silence. Such was the state of matters,
when a slight tap at the door was succeeded by the unexpected
appearance of “saucy Williams.” Timms started, gathered together all his papers with the utmost care, and awaited the
explanation of this unlooked – for visit with the most lively
curiosity. Dunscomb, on the other hand, received his guest
with urbanity, and like one who felt that the wrangling of the
bar, in which, by the way, he had too much self – respect and
good temper to indulge, had no necessary connection with the
courtesies of private life.
Williams had scarcely a claim superior to those of Timms,
to be considered a gentleman; though he had the advantage
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THE WAYS OF THE HOUR
of having been what is termed liberally educated a phrase of
very doubtful import, when put to the test of old – fashioned
notions on such subjects. In manners, he had the defects, and
we may add the merits, of the school in which he had been
educated. All that has been said of Timms on this subject, in
the way of censure, was equally applicable to Williams; but
the last possessed a self – command, an admirable reliance on
his own qualities, which would have fitted him, as regards this
one quality, to be an emperor. Foreigners wonder at the self –
possession of Americans in the presence of the great; and it is
really one of the merits of the institutions that it causes every
person to feel that he is a man, and entitled to receive the treatment due to a being so high in the seale of earthly creations.
It is true, that this feeling often degenerates into a vulgar and
over – sensitive jealousy, frequently rendering its possessor
exacting and ridiculous; but, on the whole, the effect is manly,
not to say ennobling.
Now, Williams was self – possessed by nature, as well as
by association and education. Though keenly alive to the differences and chances of fortune, he never succumbed to mere
rank and wealth. Intriguing by disposition, not to say by education, he could affect a deference he did not feel; but, apart from
the positive consequences of power, he was not to be daunted
by the presence of the most magnificent sovereign who ever
reigned. No wonder, then, that he felt quite at home in the
company of his present host; though fully aware that he was
one of the leading members of the New York bar. As a proof of
this independence may be cited the fact that he had no sooner
paid his salutations and been invited to be seated, than he de-
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JAMES FENIMORE COOPER
liberately selected a segar from the open box of Dunscomb,
lighted it, took a chair, raised one leg coolly on the corner of a
table, and began to smoke.
“The calendar is a little crowded,” observed this free –
and – easy visiter, “and is likely to carry us over into the middle of next week. Are you retained in Daniels against Fireman’s
Insurance?”
“I am nota brief was offered by the plaintiff, but I declined
taking it.”
“A little conscientious, I suppose. Well, I leave all the sin
of my suits on the shoulders of my clients. It is bad enough to
listen to their griefs, without being called on to smart for them.
I have heard you are in Cogswell against Davidson?”
“In tbat cause I have been retained. I may as well say, at
once, we intend to move it on.” “It’s of no great moment if you
beat us at the circuit, our turn will come on execution.”
“I believe, Mr. Williams, your clients have a knack at gaining the day in that mode. It is of no great interest to me, however, as I rarely take the management of a cause after it quits
the courts.”
“How do you like the Code, brother Dunscomb?”
“Damnable, sir. I am too old, in the first place, to like
change. Then change from bad to worse is adding folly to imbecility. The Common Law practice had its faults, I allow; but
this new system has no merits.”
“I do not go as far as that; and I rather begin to like the new
plan of remuneration. We are nothing out of pocket, and sometimes are a handsome sum in. You defend Mary Monson?”
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